NRS 533.140 Preparation
and printing of abstract of proofs; preliminary order of determination; notice
of availability of evidence and proofs for inspection; service of notice and
preliminary order; State Engineer to be present during period that evidence and
proofs are available for inspection.

NRS 533.145 Objections
to preliminary order of determination; form and contents of objection.

NRS 533.150 Hearings
of objections to preliminary order of determination: Contents and service of
notice; procedure; witnesses; evidence.

NRS 533.160 Entry
of order of determination after hearing of objections to preliminary order;
legal effect of order; certification, printing and service of order.

NRS 533.165 Certified
copy of order of determination to be filed with county clerk of county where
stream system located; procedure when stream system in two or more judicial
districts; order setting time for hearing; service and publication of order.

NRS 533.170 Exceptions
to order of determination: Filing and service; pleadings; findings of fact,
judgment and decree; service of findings of fact and cost bill.

NRS 533.220 Distribution
of water; enforcement of order or decision of State Engineer; appeal.

NRS 533.225 County
clerk to transmit certified copy of decree to State Engineer; effectiveness of
decree.

NRS 533.230 Division
of water by State Engineer during time order of determination is pending in
district court.

NRS 533.235 Operation
of order of determination may be stayed by filing bond with court; conditions
of bond; duties of State Engineer.

NRS 533.240 All
claimants to be made parties in any suit brought to determine rights; State
Engineer to prepare hydrographic survey of stream system; costs; transfer of
suit to State Engineer for determination.

NRS 533.250 Admissibility
of maps, plats, surveys and evidence on file in office of State Engineer;
notice by State Engineer of intention to consider evidence and submission of
findings to court.

NRS 533.280 Annual
budget for stream system or water district: Preparation; contents; limitation
on assessment.

NRS 533.285 Entry
on assessment roll of charges in budget; collection of special assessment.

NRS 533.290 Water
District Account: Creation; deposit and use of money; accounting.

NRS 533.295 Limitation
on use of Water District Account; “expenses” defined.

NRS 533.300 State
to be divided into water districts; appointment of advisory boards by State
Engineer; meetings.

NRS 533.305 Division
of water among ditches and reservoirs; regulation of distribution among users;
notice of regulation by water commissioner; duties of district attorney.

NRS 533.310 Administration
of distribution by State Engineer if rights determined in manner other than
provided in NRS 533.090 to 533.265,
inclusive: Petition to district court; notice; hearing; order; appeal.

NRS 533.515 Permit
for appropriation of water or application to change point of diversion if point
of diversion or portion of works is outside state.

NRS 533.520 Application
for permit to appropriate water for use outside State; change point of
diversion for use outside State or change place of use to location outside of
State; approval of application by State Engineer; conditions.

NRS 533.524 Appropriation
from interstate streams: Right of appropriation having point of diversion and
place of use in another state.

NRS 533.525 Stored
water may be conveyed through streams and reclaimed; conditions.

NRS 533.535 Consent
to use of Lake Tahoe by United States for reservoir purposes in connection with
Truckee-Carson reclamation project.

NRS 533.540 Procedure
for refund of water district’s money; conditions.

NRS 533.545 Hearings
before State Engineer: Issuance and enforcement of subpoenas.

NRS 533.550 Sale
or lease of water right by public body for more than 5-year term; exception.

NRS 533.560 Lease
of water right by public body to owner or holder of water right who exceeds
entitled amount of water.

_________

GENERAL PROVISIONS

NRS 533.005Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 533.007 to 533.023, inclusive, have the meanings ascribed to them
in those sections.

NRS 533.007“Interbasin transfer of groundwater” defined.“Interbasin transfer of groundwater” means a
transfer of groundwater for which the proposed point of diversion is in a
different basin than the proposed place of beneficial use.

(a) To encourage and promote the use of effluent,
where that use is not contrary to the public health, safety or welfare, and
where that use does not interfere with federal obligations to deliver water of
the Colorado River.

(b) To recognize the importance of domestic wells
as appurtenances to private homes, to create a protectable interest in such
wells and to protect their supply of water from unreasonable adverse effects
which are caused by municipal, quasi-municipal or industrial uses and which
cannot reasonably be mitigated.

(c) To encourage the State Engineer to consider
the best available science in rendering decisions concerning the available surface
and underground sources of water in Nevada.

(d) To encourage and promote the use of water to
prevent or reduce the spread of wildfire or to rehabilitate areas burned by
wildfire, including, without limitation, through the establishment of
vegetative cover that is resistant to fire.

2. The procedures in this chapter for
changing the place of diversion, manner of use or place of use of water, and
for confirming a report of conveyance, are not intended to have the effect of
quieting title to or changing ownership of a water right and that only a court
of competent jurisdiction has the power to determine conflicting claims to
ownership of a water right.

1. The Legislature hereby finds and
declares that it is the policy of this State to allow the temporary conversion
of agricultural water rights for wildlife purposes or to improve the quality or
flow of water.

2. If a person or entity proposes to
temporarily convert agricultural water rights for wildlife purposes or to
improve the quality or flow of water, such temporary conversion:

(a) Must not be carried out unless the person or
entity first applies for and receives from the State Engineer any necessary
permits or approvals required pursuant to:

(1) The provisions of this chapter; and

(2) Any applicable decisions, orders,
procedures and regulations of the State Engineer.

(b) Except as otherwise provided in this
paragraph, must not exceed 3 years in duration. A temporary conversion of
agricultural water rights for wildlife purposes or to improve the quality or
flow of water may be extended in increments not to exceed 3 years in duration
each, provided that the person or entity seeking the extension first applies
for and receives from the State Engineer any necessary permits or approvals, as
described in paragraph (a).

NRS 533.0245State Engineer prohibited from carrying out duties in conflict
with certain decrees, orders, compacts or agreements.The
State Engineer shall not carry out his or her duties pursuant to this chapter
in a manner that conflicts with any applicable provision of a decree or order
issued by a state or federal court, an interstate compact or an agreement to
which this State is a party for the interstate allocation of water pursuant to
an act of Congress.

NRS 533.0247State Engineer, assistants and agents authorized to enter land
to investigate and carry out duties.The
State Engineer or any assistant or authorized agent of the State Engineer may
enter the land of any owner or proprietor where any water is being diverted or
used pursuant to this chapter at any reasonable hour of the day to investigate
and carry out the duties of the State Engineer pursuant to this chapter.

NRS 533.025Water belongs to public.The
water of all sources of water supply within the boundaries of the State whether
above or beneath the surface of the ground, belongs to the public.

[1:140:1913; 1919 RL p. 3225; NCL § 7890]

NRS 533.030Appropriation for beneficial use; use for recreational purpose,
developed shortage supply or intentionally created surplus declared beneficial;
limitations and exceptions.

1. Subject to existing rights, and except
as otherwise provided in this section, all water may be appropriated for
beneficial use as provided in this chapter and not otherwise.

2. The use of water, from any stream
system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose,
or the use of water from the Muddy River or the Virgin River to create any
developed shortage supply or intentionally created surplus, is hereby declared
to be a beneficial use. As used in this subsection:

(a) “Developed shortage supply” has the meaning
ascribed to it in Volume 73 of the Federal Register at page 19,884, April 11,
2008, and any subsequent amendment thereto.

(b) “Intentionally created surplus” has the
meaning ascribed to it in Volume 73 of the Federal Register at page 19,884,
April 11, 2008, and any subsequent amendment thereto.

3. Except as otherwise provided in
subsection 4, in any county whose population is 700,000 or more:

(a) The board of county commissioners may
prohibit or restrict by ordinance the use of water and effluent for
recreational purposes in any artificially created lake or stream located within
the unincorporated areas of the county.

(b) The governing body of a city may prohibit or
restrict by ordinance the use of water and effluent for recreational purposes
in any artificially created lake or stream located within the boundaries of the
city.

4. In any county whose population is
700,000 or more, the provisions of subsection 1 and of any ordinance adopted
pursuant to subsection 3 do not apply to:

(a) Water stored in an artificially created
reservoir for use in flood control, in meeting peak water demands or for
purposes relating to the treatment of sewage;

(b) Water used in a mining reclamation project;
or

(c) A body of water located in a recreational
facility that is open to the public and owned or operated by the United States
or the State of Nevada.

NRS 533.035Beneficial use: Basis, measure and limit of right to use.Beneficial use shall be the basis, the measure
and the limit of the right to the use of water.

[3:140:1913; 1919 RL p. 3225; NCL § 7892]

NRS 533.037Determination of priority of water right acquired for use in
federal reclamation project; no additional water rights granted.

1. The priority of a water right acquired
by a person for use in a federal reclamation project is determined according to
the date on which the United States appropriated water for initiation of the
project. Notwithstanding the fact that the water right so appropriated and
acquired may ultimately vest in the name of the person at a later date, all
such water rights so acquired are governed by the applicable law of this State
in effect on the date on which the United States appropriated water for
initiation of the project, unless the water rights vested under the law in this
State before the time the United States first appropriated or otherwise
acquired the water for initiation of the project. If the water right vested
under the law in this State before appropriation or acquisition by the United
States, the date of initiation of the water right is determined according to
the date on which the water was first diverted under that appropriation or
acquisition by the United States.

2. No water rights, in addition to those
allocated under applicable court decrees, are granted, stated or implied by the
determination of the date of priority pursuant to subsection 1.

NRS 533.040Water used for beneficial purposes to remain appurtenant to
place of use; exceptions.

1. Except as otherwise provided in this
section, any water used in this State for beneficial purposes shall be deemed
to remain appurtenant to the place of use.

2. If at any time it is impracticable to
use water beneficially or economically at the place to which it is appurtenant,
the right may be severed from the place of use and be simultaneously
transferred and become appurtenant to another place of use, in the manner
provided in this chapter, without losing priority of right.

3. The provisions of this section do not
apply to a ditch or canal company that appropriates water for diversion and
transmission to the lands of private persons for an annual charge.

4. For the purposes of this section, a
surface water right acquired by a water user in a federal reclamation project
may be considered appurtenant to an entire farm, instead of specifically
identifiable land within that farm, upon the granting of a permit for the
change of place of use by the State Engineer which designates the place of use
as the entire farm. The quantity of water available for use on that farm must
not exceed the total amount determined by applicable decrees as designated in
the permit granted by the State Engineer.

5. For the purposes of this section, a
water right acquired for watering livestock by a person who owns, leases or
otherwise possesses a legal or proprietary interest in the livestock being
watered is appurtenant to:

(a) The land on which the livestock is watered if
the land is owned by the person who possesses a legal or proprietary interest
in the livestock; or

(b) Other land which is located in this State, is
benefited by the livestock being watered and is capable of being used in
conjunction with the livestock operation of the person who owns the land if
that land is owned by the person who possesses the legal or proprietary
interest in the livestock being watered.

6. The provisions of subsection 5 must not
be construed:

(a) To impair a vested right or other existing
water right established before June 12, 2003, of a person to the use of water
for the purpose of watering livestock; or

(b) To prevent any transfer of ownership of a
water right for the purpose of watering livestock.

7. As used in this section, “farm” means a
tract of land that is owned or leased by the same person and is primarily used
for agricultural purposes. The term includes two or more such tracts of land,
regardless of whether the tracts are contiguous to one another.

NRS 533.045Right to divert ceases when necessity for use does not exist.When the necessity for the use of water does
not exist, the right to divert it ceases, and no person shall be permitted to
divert or use the waters of this State except at such times as the water is
required for a beneficial purpose.

[5:140:1913; 1919 RL p. 3226; NCL § 7894]

NRS 533.050Beneficial use of water declared a public use; eminent domain.The beneficial use of water is hereby declared
a public use, and any person may exercise the right of eminent domain to
condemn all lands and other property or rights required for the construction,
use and maintenance of any works for the lawful diversion, conveyance and
storage of waters.

[6:140:1913; 1919 RL p. 3226; NCL § 7895]

NRS 533.055Storage of water for beneficial purpose; claiming and diversion
of water turned into natural channel or watercourse.Water
may be stored for a beneficial purpose. Water turned into any natural channel
or watercourse by any person entitled to the use thereof, whether stored in
Nevada or in an adjoining state, may be claimed for beneficial use below, and
diverted from the channel or watercourse by such person, subject to existing
rights, due allowance for losses to be made, as determined by the State
Engineer.

[7:140:1913; 1919 RL p. 3226; NCL § 7896]

NRS 533.060Right to use limited to amount necessary; loss or abandonment of
rights; no acquisition of prescriptive right; reservation of rights by State.

1. Rights to the use of water must be
limited and restricted to as much as may be necessary, when reasonably and
economically used for irrigation and other beneficial purposes, irrespective of
the carrying capacity of the ditch. The balance of the water not so
appropriated must be allowed to flow in the natural stream from which the ditch
draws its supply of water, and must not be considered as having been
appropriated thereby.

2. Rights to the use of surface water
shall not be deemed to be lost or otherwise forfeited for the failure to use
the water therefrom for a beneficial purpose.

3. A surface water right that is
appurtenant to land formerly used primarily for agricultural purposes is not
subject to a determination of abandonment if the surface water right:

(a) Is appurtenant to land that has been
converted to urban use; or

(b) Has been dedicated to or acquired by a water
purveyor, public utility or public body for municipal use.

4. In a determination of whether a right
to use surface water has been abandoned, a presumption that the right to use
the surface water has not been abandoned is created upon the submission of
records, photographs, receipts, contracts, affidavits or any other proof of the
occurrence of any of the following events or actions within a 10-year period
immediately preceding any claim that the right to use the water has been
abandoned:

(a) The delivery of water;

(b) The payment of any costs of maintenance and
other operational costs incurred in delivering the water;

(c) The payment of any costs for capital
improvements, including works of diversion and irrigation; or

(d) The actual performance of maintenance related
to the delivery of the water.

5. A prescriptive right to the use of the
water or any of the public water appropriated or unappropriated may not be
acquired by adverse possession. Any such right to appropriate any of the water
must be initiated by applying to the State Engineer for a permit to appropriate
the water as provided in this chapter.

6. The State of Nevada reserves for its
own present and future use all rights to the use and diversion of water
acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise
existing within the watersheds of Marlette Lake, Franktown Creek and Hobart
Creek and not lawfully appropriated on April 26, 1963, by any person other than
the Marlette Lake Company. Such a right must not be appropriated by any person
without the express consent of the Legislature.

1. A cubic foot of water per second of
time shall be the legal standard for the measurement of water in this state.

2. The unit of volume shall be an
acre-foot defined as 43,560 cubic feet.

3. Where necessary to transpose miner’s
inches to cubic feet per second, 1 cubic foot per second shall be considered
equal to 40 miner’s inches; but the term “miner’s inch” shall not be used
henceforth in any permit or adjudicated right issuing from the Office of the
State Engineer without first naming the amount in cubic feet per second or in
acre-feet.

[9:140:1913; 1919 RL p. 3226; NCL § 7898]

NRS 533.070Quantity of water appropriated limited to amount reasonably
required for beneficial use; duties of State Engineer in connection with water
diverted or stored for purpose of irrigation.

1. The quantity of water from either a
surface or underground source which may hereafter be appropriated in this state
shall be limited to such water as shall reasonably be required for the
beneficial use to be served.

2. Where the water is to be diverted for
irrigation purposes, or where the water is to be stored for subsequent
irrigation purposes, the State Engineer in determining the amount of water to
be granted in a permit to appropriate water shall take into consideration the
irrigation requirements in the section of the State in which the appropriation
is to be made. The State Engineer shall consider the duty of water as
theretofore established by court decree or by experimental work in such area or
as near thereto as possible. The State Engineer shall also consider the growing
season, type of culture, and reasonable transportation losses of water up to
where the main ditch or channel enters or becomes adjacent to the land to be
irrigated, and may consider any other pertinent data deemed necessary to arrive
at the reasonable duty of water. In addition, in the case of storage of water,
reservoir evaporation losses should be taken into consideration in determining
the acre-footage of storage to be granted in a permit.

[11:140:1913; A 1945, 87; 1943 NCL § 7899]

NRS 533.075Rotation in use of water.To
bring about a more economical use of the available water supply, it shall be
lawful for water users owning lands to which water is appurtenant to rotate in
the use of the supply to which they may be collectively entitled; or a single
water user, having lands to which water rights of a different priority attach,
may in like manner rotate in use, when such rotation can be made without injury
to lands enjoying an earlier priority, to the end that each user may have an irrigation
head of at least 2 cubic feet per second.

[85:140:1913; 1919 RL p. 3247; NCL § 7971]

NRS 533.080State water right surveyors: Certain projects required to be
performed by surveyor; qualifications; appointment; regulations; compensation;
State Engineer’s Water License Account.

1. All maps, surveys and measurements of
water required pursuant to this chapter must be made by a state water right
surveyor. No survey, map or measurement of flow of water may be approved by the
State Engineer unless the survey is made by a state water right surveyor.

2. Any licensed professional engineer or
land surveyor who has a practical knowledge of surveying or engineering and who
is familiar with land surveying and mapping and the measurement of water, and
who is of good moral standing, must be considered for appointment as a state
water right surveyor upon application to the State Engineer. The application
must be in the form prescribed by the State Engineer and accompanied by a fee
of $50.

3. The State Engineer may require any
applicant for appointment to the position of state water right surveyor to pass
such reasonable examination as to the applicant’s qualifications as is provided
by the State Engineer.

4. Whenever the State Engineer approves
the qualifications of an applicant, the State Engineer shall issue a
certificate to the applicant designating the applicant as a state water right
surveyor.

5. Every water right surveyor’s
certificate expires on June 30 of each year unless renewed by application in
the form prescribed by the State Engineer. A fee of $20 must be paid each year
for renewal. All application and renewal fees must be accounted for in the
State Engineer’s Water License Account, which is hereby created in the State
General Fund, and must be used to pay costs pertaining to the certificate and
renewal and other costs associated with carrying out the provisions of this
section.

6. An appointment may be revoked by the
State Engineer at any time for good cause shown.

7. The State Engineer may provide such
additional regulations governing the qualifications and official acts of state
water right surveyors as are reasonable and not inconsistent with this chapter.

8. The State of Nevada is not liable for
the compensation of any state water right surveyor, but a state water right
surveyor is entitled to be paid by the person employing the state water right
surveyor.

9. Officers and employees of the Federal
Government are entitled to apply for the position of state water right surveyor
and are exempt from the requirement that a state water right surveyor must be a
professional engineer or professional land surveyor set forth in subsection 2.
Any certificate issued to those officers and employees must include a
restriction limiting those officers and employees to work for the Federal
Government.

1. Nothing contained in this chapter shall
impair the vested right of any person to the use of water, nor shall the right
of any person to take and use water be impaired or affected by any of the
provisions of this chapter where appropriations have been initiated in
accordance with law prior to March 22, 1913.

2. Any and all appropriations based upon
applications and permits on file in the Office of the State Engineer on March
22, 1913, shall be perfected in accordance with the laws in force at the time
of their filing.

[84:140:1913; 1919 RL p. 3247; NCL § 7970]

ADJUDICATION OF VESTED WATER RIGHTS

NRS 533.090Determination of relative rights of claimants to water of stream
or stream system: Petition; order of State Engineer; determination in order of
importance.

1. Upon a petition to the State Engineer,
signed by one or more water users of any stream or stream system, requesting
the determination of the relative rights of the various claimants to the waters
thereof, the State Engineer shall, if upon investigation the State Engineer
finds the facts and conditions justify it, enter an order granting the petition
and shall make proper arrangements to proceed with such determination.

2. The State Engineer shall, in the
absence of such a petition requesting a determination of relative rights, enter
an order for the determination of the relative rights to the use of water of
any stream selected by the State Engineer, commencing on the streams in the
order of their importance for irrigation. As soon as practicable after the
order is made and entered, the State Engineer shall proceed with such
determination as provided in this chapter.

3. A water user upon or from any stream or
body of water shall be held and deemed to be a water user upon the stream
system of which such stream or body of water is a part or tributary.

[18:140:1913; 1919 RL p. 3227; NCL § 7905]

NRS 533.095Notice of entry of order and pendency of proceedings:
Preparation; contents; publication.

1. As soon as practicable after the State
Engineer shall make and enter the order granting the petition or selecting the
streams upon which the determination of rights is to begin, the State Engineer
shall prepare a notice setting forth the fact of the entry of the order and of
the pendency of the proceedings.

2. The notice shall:

(a) Name a date when the State Engineer or the
State Engineer’s assistants shall begin the examination.

(b) Set forth that all claimants to rights in the
waters of the stream system are required, as provided in this chapter, to make
proof of their claims.

3. The notice shall be published for a
period of 4 consecutive weeks in one or more newspapers of general circulation
within the boundaries of the stream system.

[19:140:1913; 1919 RL p. 3228; NCL § 7906]

NRS 533.100Investigation of flow of stream and ditches by State Engineer;
preparation of surveys and maps.

1. At the time set in the notice, the
State Engineer shall begin an investigation of the flow of the stream and of
the ditches diverting water, and of the lands irrigated therefrom, and shall
gather such other data and information as may be essential to the proper
determination of the water rights in the stream.

2. The State Engineer shall:

(a) Reduce his or her observations and
measurements to writing.

(b) Execute surveys or cause them to be executed.

(c) Prepare, or cause to be prepared, maps from
the observations of such surveys in accordance with such uniform rules and
regulations as the State Engineer may adopt.

3. The surveys and maps shall show with
substantial accuracy:

(a) The course of the stream.

(b) The location of each ditch or canal diverting
water therefrom, together with the point of diversion thereof.

(c) The area and outline of each parcel of land
upon which the water of the stream has been employed for the irrigation of
crops or pasture.

(d) The kind of culture upon each of the parcels
of land.

4. The map shall be prepared as the
surveys and observations progress, and, when completed, shall be filed and made
of record in the office of the State Engineer. Such map for original filing in
the Office of the State Engineer shall be on tracing linen on a scale of not
less than 1,000 feet to the inch.

[20:140:1913; 1919 RL p. 3228; NCL § 7907]

NRS 533.105Use of data compiled by United States Geological Survey or other
persons; remission of proportionate cost of preparation.

1. If satisfactory data are available from
the measurements and areas compiled by the United States Geological Survey or other
persons, the State Engineer may dispense with the execution of such surveys and
the preparation of such maps and stream measurements, except insofar as is
necessary to prepare them to conform with the rules and regulations, as
provided in NRS 533.100.

2. If the surveys are executed and maps
are prepared and filed with the State Engineer at the instance of the person
claiming a right to the use of water, the proportionate cost thereof, as
determined by the State Engineer, to be assessed and collected for the
adjudication of the relative rights, as provided in this chapter, shall be
remitted to the claimant after the completion of the determination; but the map
must conform with the rules and regulations of the State Engineer and shall be
accepted only after the State Engineer is satisfied that the data shown thereon
are substantially correct. Such measurements, maps and determinations shall be
exhibited for inspection at the time of taking proofs and during the period
during which such proofs and evidence are kept open for inspection in
accordance with the provisions of this chapter.

[21:140:1913; 1919 RL p. 3228; NCL § 7908]

NRS 533.110Notice of commencement of taking of proofs as to rights; time
for filing; publication and mailing of notice.

1. Upon the filing of such measurements,
maps and determinations, the State Engineer shall prepare a notice setting
forth the date when the State Engineer is to commence the taking of proofs as
to the rights in and to the waters of the stream system, and the date prior to
which the same must be filed. The date set prior to which the proofs must be
filed shall not be less than 60 days from the date set for the commencement of
the taking of proofs. The notice shall be deemed to be an order of the State
Engineer as to its contents. The State Engineer shall cause the notice to be
published for a period of 4 consecutive weeks in one or more newspapers of
general circulation within the boundaries of the stream system, the date of the
last publication of the notice to be not less than 15 days prior to the date
fixed for the commencement of the taking of proofs by the State Engineer.

2. At or near the time of the first
publication of the notice, the State Engineer shall send by registered or
certified mail to each person, or deliver to each person, in person,
hereinafter designated as claimant, claiming rights in or to the waters of the
stream system, insofar as such claimants can be reasonably ascertained, a
notice equivalent in terms to the published notice setting forth the date when
the State Engineer will commence the taking of proofs, and the date prior to
which proofs must be filed with the State Engineer. The notice must be mailed
at least 30 days prior to the date fixed for the commencement of the taking of
proofs.

NRS 533.115Blank forms enclosed with notice; contents of statement.The State Engineer shall, in addition, enclose
with the notice to be mailed as provided in NRS 533.110,
blank forms upon which the claimant shall present in writing all particulars
necessary for the determination of the claimant’s right in or to the waters of
the stream system, the statement to include the following:

1. The name and post office address of the
claimant.

2. The nature of the right or use on which
the claim for appropriation is based.

3. The time of the initiation of such
right and a description of works of diversion and distribution.

4. The date of beginning of construction.

5. The date when completed.

6. The dates of beginning and completion
of enlargements.

7. The dimensions of the ditch as
originally constructed and as enlarged.

8. The date when water was first used for
irrigation or other beneficial purposes and, if used for irrigation, the amount
of land reclaimed the first year, the amount in subsequent years, with the
dates of reclamation, and the area and location of the lands which are intended
to be irrigated.

9. The character of the soil and the kind
of crops cultivated, the number of acre-feet of water per annum required to
irrigate the land, and such other facts as will show the extent and nature of
the right and compliance with the law in acquiring the same, as may be required
by the State Engineer.

[23:140:1913; 1919 RL p. 3229; NCL § 7910]

NRS 533.120Statements to be certified under oath; no fee for administering
or furnishing blank form.

1. Each claimant shall be required to
certify to his or her statement under oath. The State Engineer and the State
Engineer’s assistants authorized to take proofs are hereby authorized to
administer such oaths.

2. Oaths shall be administered and blank
forms furnished by the State Engineer and the State Engineer’s assistants
without charge.

[24:140:1913; 1919 RL p. 3230; NCL § 7911]

NRS 533.125Commencement of taking of proofs; extension of time;
determination of rights if claimant neglects or refuses to make proof.

1. The State Engineer shall commence the
taking of proofs on the date fixed and named in the notice provided for in NRS 533.110 for the commencement of the taking of
proofs. The State Engineer shall proceed therewith during the period fixed by
the State Engineer and named in the notice, after which no proofs shall be
received by or filed by the State Engineer. The State Engineer may, in his or
her discretion, for cause shown, extend the time in which proofs may be filed.

2. Upon neglect or refusal of any person
to make proof of his or her claim or rights in or to the waters of such stream
system, as required by this chapter, prior to the expiration of the period
fixed by the State Engineer during which proofs may be filed, the State
Engineer shall determine the right of such person from such evidence as the
State Engineer may obtain or may have on file in the Office of the State
Engineer in the way of maps, plats, surveys and transcripts, and exceptions to
such determination may be filed in court, as provided in this chapter.

[25:140:1913; A 1915, 378; 1919 RL p. 3230; NCL §
7912]

NRS 533.130Petition to intervene may be filed by interested person not
served; contents.

1. Any person interested in the water of
any stream upon whom no service of notice shall have been had of the pendency
of proceedings for the determination of the relative rights to the use of water
of such stream system, and who shall have no actual knowledge or notice of the
pendency of the proceedings, may, at any time prior to the expiration of 6
months after the entry of the determinations of the State Engineer, file a
petition to intervene in the proceedings.

2. Such petition shall be under oath and
shall contain, among other things:

(a) All matters required by this chapter of
claimants who have been duly served with notice of the proceedings; and

(b) A statement that the intervener had no actual
knowledge of notice of the pendency of the proceedings.

3. Upon the filing of the petition in
intervention granted by the State Engineer, the petitioner shall be allowed to
intervene upon such terms as may be equitable, and thereafter shall have all
rights vouchsafed by this chapter to claimants who have been duly served.

[26:140:1913; 1919 RL p. 3230; NCL § 7913]

NRS 533.135Fees of State Engineer; disposition.

1. At the time of submission of proofs of
appropriation, where the necessary maps are prepared by the State Engineer, the
fee collected from any claimants must be the actual cost of the survey and the
preparation of maps.

2. The State Engineer shall collect a fee
of $60 for a proof of water used for watering livestock or wildlife purposes.
The State Engineer shall collect a fee of $120 for any other character of claim
to water.

3. All fees collected as provided in this
section must be accounted for in detail and deposited with the State Treasurer
into the Water Distribution Revolving Account created pursuant to NRS 532.210.

NRS 533.140Preparation and printing of abstract of proofs; preliminary
order of determination; notice of availability of evidence and proofs for
inspection; service of notice and preliminary order; State Engineer to be
present during period that evidence and proofs are available for inspection.

1. As soon as practicable after the
expiration of the period fixed in which proofs may be filed, the State Engineer
shall assemble all proofs which have been filed with the State Engineer, and
prepare, certify and have printed an abstract of all such proofs. The State
Engineer shall also prepare from the proofs and evidence taken or given before
the State Engineer, or obtained by the State Engineer, a preliminary order of
determination establishing the several rights of claimants to the waters of the
stream.

2. When the abstract of proofs and the
preliminary order of determination is completed, the State Engineer shall then
prepare a notice fixing and setting a time and place when and where the
evidence taken by or filed with the State Engineer and the proofs of claims
must be open to the inspection of all interested persons, the period of
inspection to be not less than 20 days. The notice shall be deemed an order of
the State Engineer as to the matters contained therein.

3. A copy of the notice, together with a
printed copy of the preliminary order of determination and a printed copy of
the abstract of proofs, must be delivered by the State Engineer, or sent by
registered or certified mail, at least 30 days before the first day of such
period of inspection, to each person who has appeared and filed proof, as
provided in this section.

4. The State Engineer shall be present at
the time and place designated in the notice and allow, during that period, any
persons interested to inspect such evidence and proof as have been filed with
or taken by the State Engineer in accordance with this chapter.

NRS 533.145Objections to preliminary order of determination; form and
contents of objection.

1. Any person claiming any interest in the
stream system involved in the determination of relative rights to the use of
water, whether claiming under vested right or under permit from the State
Engineer, may object to any finding, part or portion of the preliminary order
of determination made by the State Engineer by filing objections with the State
Engineer within 30 days after the evidence and proofs, as provided in NRS 533.140, shall have been opened to public
inspection, or within such further time as for good cause shown may be allowed
by the State Engineer upon application.

2. Such objections shall be verified by
the affidavit of the objector, or the objector’s agent or attorney, and shall
state with reasonable certainty the grounds of objection.

[29:140:1913; A 1921, 171; NCL § 7916]

NRS 533.150Hearings of objections to preliminary order of determination:
Contents and service of notice; procedure; witnesses; evidence.

1. The State Engineer shall fix a time and
place for the hearing of objections, which date must not be less than 30 days
nor more than 60 days after the date the notice is served on the persons who
are, or may be, affected thereby. The notice may be sent by registered or
certified mail to the persons to be affected by the objections, and the receipt
therefor constitutes legal and valid proof of service. The notice may also be
served by the State Engineer, or by any person, appointed by the State
Engineer, qualified and competent to serve a summons in civil actions. Return
thereof must be made in the same manner as in civil actions in the district
courts of this state.

2. The State Engineer may adjourn hearings
from time to time upon reasonable notice to all parties interested. Depositions
may be taken by any person authorized to administer oaths and designated by the
State Engineer or the parties in interest, and oral testimony may be introduced
in all hearings.

3. Witnesses are entitled to receive fees
as in civil cases, to be paid by the party calling those witnesses.

4. The evidence in the proceedings must be
confined to the subjects enumerated in the objections and the preliminary order
of determination. All testimony taken at the hearings must be reported and
transcribed in its entirety.

NRS 533.155Daily deposit by each party.The
State Engineer shall require daily from each party while engaged in taking
evidence on objections a deposit sufficient to pay the cost of reporting and
transcribing testimony and to pay any necessary transportation and subsistence
expenses of the reporter.

[32:140:1913; A 1921, 171; NCL § 7919] — (NRS A 1957,
530)

NRS 533.160Entry of order of determination after hearing of objections to
preliminary order; legal effect of order; certification, printing and service
of order.

1. As soon as practicable after the
hearing of objections to the preliminary order of determination, the State
Engineer shall make and cause to be entered of record in the Office of the
State Engineer an order of determination, defining the several rights to the
waters of the stream or stream system. The order of determination, when filed
with the clerk of the district court as provided in NRS
533.165, has the legal effect of a complaint in a civil action.

2. The order of determination must be
certified by the State Engineer, who shall have printed as many copies of the
order of determination as required. A copy of the order of determination must
be sent by registered or certified mail or delivered in person to each person
who has filed proof of claim and to each person who has become interested
through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.

NRS 533.165Certified copy of order of determination to be filed with county
clerk of county where stream system located; procedure when stream system in
two or more judicial districts; order setting time for hearing; service and
publication of order.

1. As soon as practicable thereafter, a
certified copy of the order of determination, together with the original
evidence and transcript of testimony filed with, or taken before, the State
Engineer, duly certified by the State Engineer, shall be filed with the clerk
of the county, as ex officio clerk of the district court, in which the stream
system is situated, or, if in more than one county but all within one judicial
district, then with the clerk of the county wherein reside the largest number
of parties in interest.

2. If such stream system shall be in two
or more judicial districts, then the State Engineer shall notify the district
judge of each of such judicial districts of his or her intent to file such
order of determination, whereupon, within 10 days after receipt of such notice,
such judges shall confer and agree where the court proceedings under this
chapter shall be held and upon the judge who shall preside, and on notification
thereof the State Engineer shall file the order of determination, evidence and
transcripts with the clerk of the court so designated.

3. If such district judges fail to notify
the State Engineer of their agreement, as provided in subsection 2, within 5
days after the expiration of such 10 days, then the State Engineer may file
such order of determination, evidence and transcript with the clerk of any
county the State Engineer may elect, and the district judge of such county
shall have jurisdiction over the proceedings in relation thereto.

4. If the judge so selected and acting
shall retire from office, or be removed from office or be disqualified, for any
cause, then the judge of the district court having jurisdiction of the
proceedings shall act as the judge on the matter or shall select the judge to
preside in such matter.

5. In all instances a certified copy of
the order of determination shall be filed with the county clerk of each county
in which such stream system, or any part thereof, is situated.

6. Upon the filing of the certified copy
of the order, evidence and transcript with the clerk of the court in which the
proceedings are to be had, the State Engineer shall procure an order from the
court setting the time for hearing. The clerk of such court shall immediately
furnish the State Engineer with a certified copy thereof. The State Engineer
immediately thereupon shall mail a copy of such certified order of the court,
by registered or certified mail, addressed to each party in interest at the
party’s last known place of residence, and shall cause the same to be published
at least once a week for 4 consecutive weeks in some newspaper of general
circulation published in each county in which such stream system or any part
thereof is located. The State Engineer shall file with the clerk of the court
proof of such service by registered or certified mail and by publication. Such
service by registered or certified mail and by publication shall be deemed full
and sufficient notice to all parties in interest of the date and purpose of
such hearing.

NRS 533.170Exceptions to order of determination: Filing and service;
pleadings; findings of fact, judgment and decree; service of findings of fact
and cost bill.

1. At least 5 days prior to the date set
for hearing, all parties in interest who are aggrieved or dissatisfied with the
order of determination of the State Engineer shall file with the clerk of the
court notice of exceptions to the order of determination of the State Engineer.
The notice shall state briefly the exceptions taken and the prayer for relief.
A copy thereof shall be served upon or transmitted to the State Engineer by
registered or certified mail.

2. The order of determination by the State
Engineer and the statements or claims of claimants and exceptions made to the
order of determination shall constitute the pleadings, and there shall be no
other pleadings in the cause.

3. If no exceptions shall have been filed
with the clerk of the court as provided in subsection 1, then on the day set
for hearing the court may take further testimony if deemed proper, and shall
then enter its findings of fact and judgment and decree.

4. On the day set for hearing, all parties
in interest who have filed notices of exceptions, as provided in subsection 1,
shall appear in person or by counsel, and the court shall hear the same or set
the time for hearing, until such exceptions are disposed of.

5. All proceedings thereunder, including
the taking of testimony, shall be as nearly as may be in accordance with the
Nevada Rules of Civil Procedure; but the provisions of the Nevada Rules of
Civil Procedure and NRS 18.110 shall
not apply respecting the service of proposed findings of fact and decree or
service and filing of a cost bill, and service shall be made in the following
manner. All claimants who have filed exceptions or objections to the final
order of determination shall be served with a copy of the proposed findings of
fact and decree by serving the attorney who appeared for such claimants in the
proceedings. All claimants or water users who have not filed exceptions or
objections to the final order of determination shall be served with a copy of
the proposed findings of fact and decree by serving a copy thereof on the
Attorney General. Such service, in each instance, shall be made at least 30
days before the findings of fact and decree shall be signed by the court, and
the court shall not sign any findings of fact therein prior to the expiration
of such 30 days. The cost bill shall be prepared and filed with the clerk of
the court wherein the proceedings are pending, and it shall not be necessary to
serve any of the exceptors, claimants or appropriators or their attorneys with
a copy of the cost bill.

NRS 533.175Employment of experts by court.For
further information on any subject in controversy the court may employ one or
more qualified persons to investigate and report thereon, under oath, subject
to examination by any party in interest as to his or her competency to give
expert testimony thereon.

NRS 533.180Court may refer case to State Engineer for further evidence.The court may, if necessary, refer the case or
any part thereof for such further evidence to be taken by the State Engineer as
it may direct, and may require a further determination by the State Engineer,
subject to the court’s instructions.

NRS 533.185Entry of judicial decree; delivery and filing of final judgment.After the hearing the court shall enter a
decree affirming or modifying the order of the State Engineer. Within 30 days
after the entry of final judgment by the district court, or if an appeal is
taken, within 30 days after the entry of the final judgment by the appellate
court or within 30 days after the entry of the final judgment after remand, the
clerk of the court issuing the final judgment shall:

1. Deliver to the State Engineer a
certified copy of the final judgment; and

2. Cause a certified copy of the final
judgment to be filed in the office of the county recorder in each county in
which the water adjudicated is applied to beneficial use and in each county in
which the water adjudicated is diverted from its natural source.

NRS 533.190Costs: Assessment by court; entry of charges on assessment roll;
collection and disposition of money.

1. At any time in the course of the
hearings, the court may, in its discretion, by order assess and adjudge against
any party such costs as it deems just and equitable or may so assess the costs
in proportion to the amount of water right standing allotted at that time, or
the court may assess and adjudge such costs and expenses in its final judgment
upon the signing, entry and filing of its formal findings of fact, conclusions
of law and decree adjudicating the water rights against any party as it deems
just and equitable, or may so assess the costs in proportion to the amount of
water right allotted and decreed in the final judgment.

2. After the making, entry and filing by
the court of the first findings of fact, conclusions of law and decree made,
entered and filed by the court in any such water adjudication as distinguished
from the first proposed findings of fact, conclusions of law and decree, the
court shall assess all costs and expenses against the loser or losers, in any
and all subsequent proceedings in any such water adjudication.

3. If costs are assessed or allowed as
provided for in this section and in NRS 533.170 and
allotted, the State Engineer, within 60 days after such filing and entry, as
above described, shall certify to the boards of county commissioners of the
respective counties wherein the stream system is situate either the amount of
acreage set forth in the order of determination to which water has been
allotted, or the respective water rights against which such costs have been
assessed by the court, and the charges against each water user in accordance
with the court’s judgment and allocation of costs. Upon receipt of the
certificate from the State Engineer by the board of county commissioners, the
board of county commissioners shall certify the respective charges contained
therein to the county assessor of the county in which the land or property
served is situated. The county assessor shall enter the amount of the charge on
the assessment roll against the claimant’s property or acreage served.

4. The proper officer of the county shall
collect the assessment as other assessments are levied and collected, and the
assessment is a lien upon the property so served and must be collected in the
same manner as other assessments are collected, but such costs must be
collected in equal installments over 2 fiscal years.

5. When the assessments are collected, the
person collecting the assessments shall transmit the money collected to the
State Treasurer at the time that person transmits other assessments collected
by him or her as provided by law, and the State Treasurer shall deposit the
money in the Adjudication Emergency Account provided for in NRS 532.200, out of which costs and
expenses must be paid in the manner provided by law.

1. Whenever a judge before whom a
proceeding for the adjudication of a stream system is pending and not yet
completed shall cease to be such judge from any cause whatsoever, his or her
successor, to whom such proceeding may be assigned or a part of whose duty it
becomes to preside in such proceeding, may do all things in and about such
adjudication that may be necessary and proper, and may hear and decide all
matters in connection therewith or relating thereto and make all orders,
decisions, findings of fact, conclusions of law, judgments, decrees, and do all
things necessary to complete the adjudication of such stream system to the full
extent and the same as though he or she had been the presiding judge in such proceeding
from the commencement thereof.

2. NRS
3.180 shall not apply to such stream system adjudication proceedings.

NRS 533.200Appeal from decree to appellate court: Procedure; service of
notice of appeal.Appeals from
such decree may be taken to the appellate court of competent jurisdiction
pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution by the State Engineer or any party in interest in the same manner
and with the same effect as in civil cases, except as to the following matters.
Notice of appeal shall be served upon the attorneys of record for claimants who
have filed exceptions or objections to the final order of determination of the
State Engineer as provided in NRS 533.170, and all
claimants or water users who have not filed exceptions or objections to the
final order of determination or appeared in the cause by an attorney shall be
served with a copy of notice of appeal by the service of a copy thereof on the
Attorney General as their process agent.

NRS 533.205Motion for new trial: Service of notice of intention to move for
new trial.Notice of intention to
move for a new trial shall be served upon the attorneys of record for claimants
who have filed exceptions or objections to the final order of determination of
the State Engineer as provided in NRS 533.170, and
all claimants or water users who have not filed exceptions or objections to the
final order of determination or appeared in the cause by an attorney shall be
served with a copy of notice of intention to move for a new trial by the
service of a copy thereof on the Attorney General as their process agent.

NRS 533.210Finality of decree; application for modification within 3 years
after entry; limitations on modification; notice of application.

1. The decree entered by the court, as
provided by NRS 533.185, shall be final and shall
be conclusive upon all persons and rights lawfully embraced within the
adjudication; but the State Engineer or any party or adjudicated claimant upon
any stream or stream system affected by such decree may, at any time within 3
years from the entry thereof, apply to the court for a modification of the
decree, insofar only as the decree fixed the duty of water, and upon the
hearing of such motion the court may modify such decree increasing or
decreasing the duty of water, consistent with good husbandry, and consistent
with the principle that actual and beneficial use shall be the measure and
limit of the right.

2. Notice of application shall be given as
in civil cases.

[36a:140:1913; added 1921, 171; NCL § 7924]

NRS 533.215Waiver of notices by claimants or appropriators.Whenever there are 10 or less appropriators or
claimants upon a stream system, and all of such claimants or appropriators in
writing waive the provisions of this chapter with reference to notices and the
service and publication thereof, as provided in preceding sections, the State
Engineer may make an order of determination without the giving, serving or
publication of any notices required in this chapter, and may file the same with
the district court in the manner prescribed in NRS
533.165. Whereupon, the same steps and proceedings shall be taken and
decree entered as if all preliminary notices had been given prior to the
making, entering and filing of the order of determination.

[36b:140:1913; added 1921, 171; NCL § 7925]

NRS 533.220Distribution of water; enforcement of order or decision of State
Engineer; appeal.

1. From and after the filing of the order
of determination in the district court, the distribution of water by the State
Engineer or by any of the State Engineer’s assistants or by the water
commissioners or their assistants shall, at all times, be under the supervision
and control of the district court. Such officers and each of them shall, at all
times, be deemed to be officers of the court in distributing water under and
pursuant to the order of determination or under and pursuant to the decree of
the court.

2. Upon the neglect or refusal of any
claimant to the use of water as provided in this chapter to carry out or abide
by an order or decision of the State Engineer acting as an officer of the
court, the State Engineer may petition the district court having jurisdiction
of the matter for a review of such order and cause to be issued thereon an
order to show cause why the order and decision should not be complied with.

3. The order to show cause shall be
personally served on the claimant or claimants complained of, who shall appear
and show cause on the day fixed in the court’s order so to do.

4. The hearing on the petition and order
to show cause shall be informal and summary in character, with full opportunity
afforded each party to present his or her case.

5. Appeals from the judgment may be taken
to the appellate court of competent jurisdiction pursuant to the rules fixed by
the Supreme Court pursuant to Section
4 of Article 6 of the Nevada Constitution in like manner as appeals in
other civil cases; but notice of appeal must be served and filed within 40 days
from the entry of judgment.

NRS 533.225County clerk to transmit certified copy of decree to State
Engineer; effectiveness of decree.Immediately
upon the entry of any decree by the court, the county clerk shall transmit a
certified copy of the decree to the State Engineer, who shall immediately enter
the same upon the records of the Office of the State Engineer. The decree,
subject only to the provisions of law relating to appeal and stay of
proceedings, shall be in full force and effect.

[37:140:1913; A 1915, 378; 1919 RL p. 3234; NCL §
7927]

NRS 533.230Division of water by State Engineer during time order of
determination is pending in district court.From
and after the filing of the order of determination, evidence and transcript
with the county clerk, and during the time the hearing of the order is pending
in the district court, the division of water from the stream involved in such
determination shall be made by the State Engineer in accordance with the order
of determination.

[38:140:1913; A 1915, 378; 1919 RL p. 3234; NCL §
7928]

NRS 533.235Operation of order of determination may be stayed by filing bond
with court; conditions of bond; duties of State Engineer.

1. At any time after the order of
determination, evidence and transcript has been filed with the clerk of the
court, the operation of the order of determination may be stayed in whole or in
part by any party upon filing a bond in the court wherein such determination is
pending in such amount as the judge thereof may prescribe, conditioned that
such party will pay all damage that may accrue by reason of such determination
not being enforced, pending a decree by the court.

2. Immediately upon the filing and
approval of such bond, the clerk of the court shall transmit to the State
Engineer a certified copy of such bond, which shall be recorded in the records
of the Office of the State Engineer, and the State Engineer shall act in
accordance with such stay.

[39:140:1913; A 1915, 378; 1919 RL p. 3234; NCL §
7929]

NRS 533.240All claimants to be made parties in any suit brought to
determine rights; State Engineer to prepare hydrographic survey of stream
system; costs; transfer of suit to State Engineer for determination.

1. In any suit brought in the district
court for the determination of a right or rights to the use of water of any
stream, all persons who claim the right to use the waters of such stream and
the stream system of which it is a part shall be made parties.

2. When the suit has been filed, the court
shall direct the State Engineer to furnish a complete hydrographic survey of
the stream system as provided in NRS 533.100 in
order to obtain all physical data necessary to the determination of the rights
involved.

3. The cost of the suit, including the
costs on behalf of the State and of the surveys, shall be charged against each
of the private parties thereto based on a determination by the court of the
relative merits of the claims made by each of the private parties. The court
may assess and charge against any party at any time during the suit an
equitable amount to pay the costs of the survey upon its approval of an
itemized statement therefor submitted by the State Engineer.

4. The court may at any time transfer the
suit to the State Engineer for determination as provided in this chapter.

NRS 533.250Admissibility of maps, plats, surveys and evidence on file in
office of State Engineer; notice by State Engineer of intention to consider
evidence and submission of findings to court.

1. Any and all maps, plats, surveys and
evidence on file in the Office of the State Engineer relating to any proof of
appropriation involved in the proceeding for the determination of the relative
rights in and to the waters of any stream system, obtained or filed under the
provisions of this chapter or any preceding act relating to the Office of State
Engineer, shall be admissible in court and shall have the same force and effect
as though obtained and submitted under the provisions of this chapter.

2. At least 90 days prior to the rendering
of his or her order of determination of the relative rights in and to the
waters of any stream system, the State Engineer shall notify all parties in
interest of his or her intention to consider such maps, plats and evidence, and
of his or her intention to submit the findings of the State Engineer to the
court under the provisions of this chapter. The notice shall be given in the
manner prescribed in NRS 533.110.

3. Within 60 days after such notice, any
party in interest may file with the State Engineer any additional or
supplementary maps, plats, surveys or evidence, or objections to the
admissibility of any evidence hitherto presented and on file in the office of the
State Engineer, in relation to his or her claim of water right or adverse to
the claim or claims of the water right of any other party or parties in
interest, in order so to perfect his or her claim in accordance with the
provisions of this chapter, and the State Engineer shall consider the whole
thereof in rendering such order of determination, and the same shall become a
part of the record which shall be submitted to the court as provided by NRS 533.165 to 533.235,
inclusive.

[88a:140:1913; added 1915, 378; 1919 RL p. 3248; NCL
§ 7975]

NRS 533.255Submission of findings made before March 25, 1915.In all cases where the State Engineer has
issued findings prior to March 25, 1915, declaring the relative rights of
appropriators in and to the waters of any stream system, the same may be
submitted to the court under the provisions of NRS
533.165 to 533.235, inclusive.

[88b:140:1913; added 1915, 378; 1919 RL p. 3249; NCL
§ 7976]

NRS 533.260Regulations of State Engineer requiring blueprints from
claimants to be attached to proofs.The
State Engineer shall have power to make and enforce such reasonable rules and
regulations for the furnishing by claimants of blueprints of particular parcels
of land shown on the map prepared by the State Engineer, and for such
supplementary surveys and examinations or such inspection by the State Engineer
as may be required, to the end that observations and surveys of the State
Engineer may be made, insofar as practicable, available to the claimants for
attachment to the proofs to be filed by them.

[50:140:1913; 1919 RL p. 3235; NCL § 7935]

NRS 533.265State Engineer to issue certificates upon final determination of
relative rights; contents of certificates; exceptions.

1. Upon the final determination of the
relative rights in and to the waters of any stream system, the State Engineer
shall issue to each person represented in such determination a certificate to
be signed by the State Engineer, and bearing the seal of the Office of the
State Engineer.

2. The certificate shall set forth:

(a) The name and post office address of the owner
of the right.

(b) The date of priority.

(c) Extent and purpose of such right.

(d) If such water is for irrigation purposes, a
description of the land, by legal subdivisions when possible, to which the
water is appurtenant.

3. Such certificate shall be transmitted
by the State Engineer in person or by registered or certified mail to the
owner.

4. No certificate need be issued by the
State Engineer when printed copies of any decree of final determination of
relative rights contain a listing of the individual rights so determined.

1. The State Engineer shall appoint,
subject to confirmation by any court having jurisdiction, one or more water
commissioners for any stream system or water district subject to regulation and
control by the State Engineer. The duties and salaries of the water
commissioners must be fixed by the State Engineer and their salaries must be
paid by the State of Nevada out of the water distribution accounts. The water
commissioners are exempt from the provisions of chapter
284 of NRS.

2. The State Engineer shall appoint a
district supervisor of water commissioners and fix the district supervisor’s
duties. The district supervisor is in the unclassified service of the State.

1. The State Engineer may appoint an
engineer, who is qualified in hydrographic and water distribution experience,
to work in a supervisory capacity on water distribution and regulation service
upon all adjudicated stream systems within the State.

2. While engaged in that work, the salary
and expenses of the engineer must be charged to the particular adjudicated
stream system receiving the service upon the basis of time occupied and
expenses incurred in the work, and payment must be made out of the water
distribution account provided for the adjudicated stream system.

3. When the engineer is not engaged in
water distribution, additional work may be allotted to the engineer by the
State Engineer, and payment therefor must be from other money available to the
Office of the State Engineer.

NRS 533.280Annual budget for stream system or water district: Preparation;
contents; limitation on assessment.

1. The State Engineer shall, between the
first Monday of October and the first Monday of December of each year, prepare
a budget of the amount of money estimated to be necessary to pay the expenses
of the stream system or each water district for the then current year.

2. The budget must show the following
detail:

(a) The aggregate amount estimated to be
necessary to pay the expenses of the stream system or water district.

(b) The aggregate water rights in the stream
system or water district as determined by the State Engineer or the court.

(c) The unit charge necessary to provide the
money required.

(d) The charge against each water user, which
must be based upon the proportion which the water right of that water user
bears to the aggregate water rights in the stream system, but the minimum
charge is $1.

3. When the stream system lies in more
than one county, a separate budget must be prepared for each county showing
only the claimants and charges assessable within the county.

4. When the stream system irrigates more
than 200,000 acres of land, the assessment for water distribution expenses must
not exceed 30 cents per acre-foot of water decreed.

NRS 533.285Entry on assessment roll of charges in budget; collection of
special assessment.

1. Upon receipt of such budget by the
board of county commissioners, the board of county commissioners shall certify
the respective charges contained therein to the county assessor. The county
assessor shall enter the amount of the charge or charges on the assessment roll
against the claimants and the property or acreage served.

2. The proper officers of the county shall
collect the special assessment as other special assessments are levied and
collected, and the assessment is a lien upon the property so served and must be
collected in the same manner as other assessments are collected.

NRS 533.290Water District Account: Creation; deposit and use of money;
accounting.

1. The assessments and charges provided
for in NRS 533.285, when collected, must be
deposited with the State Controller in the same manner as other special
assessments, for credit to the Water District Account which is hereby created
in the State General Fund.

2. All bills against the Water District
Account must be certified by the State Engineer or an assistant thereof and,
when certified and approved by the State Board of Examiners, the State
Controller may draw his or her warrant therefor against the Account.

3. An advance must not be made from a
stream system account that has been depleted until the advance is reimbursable
from the proceeds of any assessments levied against the particular stream
system or water district for which any claims are presented.

4. Any money remaining in the Water
District Account at the end of the current year must remain in the Account and
be available for use in the following year.

5. The State Controller shall keep
separate accounts of the money for each stream system or water district
received from the various counties within which the stream system or water
district is located, and shall not draw warrants against an account until the
State Controller has been notified by the State Engineer that assessments have
been filed with the board of county commissioners, as required by NRS 533.285, that will return to the State of Nevada
money advanced by the State out of the Water Distribution Revolving Account
provided for in NRS 532.210.

NRS 533.295Limitation on use of Water District Account; “expenses” defined.

1. Except as otherwise provided in NRS 534.040, money in the Water District
Account must be used exclusively for expenses incurred in the administration,
operation and maintenance of the particular stream system from which the money
is budgeted and collected.

2. The term “expenses” referred to in NRS 533.270 to 533.290,
inclusive, includes salaries, hydrographic surveys, per diem expenses, car
rental, equipment, including necessary automobiles, supplies and materials
incidental to the proper administration and distribution of water.

NRS 533.300State to be divided into water districts; appointment of
advisory boards by State Engineer; meetings.

1. The State Engineer shall divide the
State into water districts, to be so constituted as to insure the best
protection for the water users, and the most economical water supervision on
the part of the State. The water districts must not be created until a
necessity therefor arises and must be created from time to time as the
priorities and claims to the streams of the State are determined.

2. Upon the creation of a water district
the State Engineer may appoint an advisory board of representative citizens
within the district to assist the State Engineer in formulating plans and
projects for the conservation of the water resources and the use thereof in the
district. The per diem and necessary travel and subsistence expenses of the
appointive members of the board must be paid from the account provided for the
district in NRS 533.290; but the total annual per
diem, travel and subsistence expenses of the members for each district must not
exceed $800. The State Engineer may call such meetings of the board as in the
opinion of the State Engineer may be necessary and expedient.

NRS 533.305Division of water among ditches and reservoirs; regulation of
distribution among users; notice of regulation by water commissioner; duties of
district attorney.

1. The State Engineer shall divide or
cause to be divided the waters of the natural streams or other sources of
supply in the State among the several ditches and reservoirs taking water
therefrom, according to the rights of each, respectively, in whole or in part,
and shall shut or fasten, or cause to be shut or fastened, the headgates or
ditches, and shall regulate, or cause to be regulated, the controlling works of
reservoirs, as may be necessary to insure a proper distribution of the waters
thereof.

2. The State Engineer shall have authority
to regulate the distribution of water among the various users under any ditch
or reservoir, whose rights have been adjudicated, or whose rights are listed
with the clerk of any district court of this state pursuant to the terms of
this chapter, the actual cost of such regulation being paid by the ditch or
reservoir receiving such service.

3. Whenever, in pursuance of his or her
duties, the water commissioner regulates a headgate to a ditch or the
controlling works of reservoirs, the water commissioner shall attach to such
headgate or controlling works a written notice properly dated and signed,
setting forth the fact that such headgate or controlling works has been
properly regulated and is wholly under the water commissioner’s control. Such
notice shall be a legal notice to all parties interested in the diversion and
distribution of the water of such ditch or reservoir. Such water commissioner
shall have the right of ingress and egress across and upon public, private or
corporate lands at all times in the exercise of his or her duties.

4. The district attorney shall appear for
or in behalf of the State Engineer, or the duly authorized assistants of the
State Engineer, in any case which may arise in the pursuance of the official
duties of any such officer within the jurisdiction of the district attorney.

[54:140:1913; A 1929, 298; 1951, 132]

NRS 533.310Administration of distribution by State Engineer if rights
determined in manner other than provided in NRS 533.090 to 533.265,
inclusive: Petition to district court; notice; hearing; order; appeal.

1. On any stream in this state on which
the water rights have been adjudicated and determined and the final decree
therefor entered, as between all persons who claimed the right to the use of
the waters of such stream, in a suit brought in the district court having
jurisdiction of such stream and in which suit the adjudication and
determination was not had in the manner provided in NRS
533.090 to 533.265, inclusive, and thereafter
one or more of the parties as users of such adjudicated and determined rights
or their successors in interest desire that the State Engineer take charge of
the diversions and distribution of such rights and administer them in conformity
with the final decree of the court, they may petition the district court which
entered the decree requesting such administration.

2. Upon the filing of such petition, the
district court shall direct that notice of the filing of the petition shall be
given to each water user or claimant to a water right listed in the final
decree. The notice shall be an order to show cause on the day fixed in the
order by the court, which day shall not be less than 10 days nor more than 25
days from and after the date of issuance thereof, and which order shall direct
the person or persons therein named to attend before the court on that day and
show cause, if any they or each of them may have, why the petition should not
be granted. The court shall designate the form and direct the preparation of
the order or orders to show cause and by its order direct the manner, mode and
the payment of the cost of the service thereof.

3. For the purpose of the hearing on the
petition, such petition shall be deemed in the nature of a complaint.
Objections of the water users or claimants, or any of them, to the granting of
the petition shall be in writing signed by such users or claimants, or by any
attorneys thereof. No other pleading shall be filed. Costs shall be paid as in
civil cases brought in the district court, except by the State Engineer or the
State. The practice in civil cases shall apply insofar as consistent with the
summary character of the proceedings. The State Engineer shall be given notice
of and, in person or by assistant or deputy state engineer, shall attend upon
the hearing of the petition.

4. The court, prior to the final
determination of the matter, may, by an order duly entered and served upon the
State Engineer, direct the State Engineer to make a hydrographic survey of the
stream system and to render to the court a written report, together with such
maps and other necessary data as will enable the court to determine whether or
not administration of such water rights by the State Engineer would be in the
best interest of the water users.

5. If the district court finally
determines the matter affirmatively, the court shall, by its judgment duly
entered and served on the State Engineer, direct the State Engineer to
distribute such waters in strict accordance with the decree, and from and after
the filing of such judgment in the district court and service thereof on the
State Engineer the administration of the decree and the distribution of the
water thereunder shall be under the supervision and control of the district
court, and the State Engineer, the State Engineer’s deputies, assistants and
water commissioners, when engaged in the administration of the final decree and
the distribution of the water thereunder, shall be deemed officers of the
district court only and subject only to its supervision and control.

6. Appeals may be taken from the judgment
so entered to the appellate court of competent jurisdiction pursuant to the
rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution in the same manner and within the time as provided in NRS 533.450.

NRS 533.315Payment of certain costs in proceeding under NRS
533.310.The cost of
the hydrographic survey of the stream system and the preparation of the reports
and maps by the State Engineer necessary to advise the court in proceedings
under NRS 533.310 shall be paid by the water users
of the stream upon approval and order of the district court of an itemized
statement therefor submitted by the State Engineer.

NRS 533.320Payment of cost of administration of final decree and
distribution of water; approval of budget; submission to board of county
commissioners; provisions applicable.The
estimated cost of the administration of the final decree and the distribution
of the waters of the stream system must be budgeted by the State Engineer in
like manner and at the time as provided in NRS 533.280.
The budget must be first submitted to the district court for approval. Upon
approval thereof by the district court the budget must be submitted by the
district court to the board of county commissioners of the proper county and
thereupon all of the provisions of NRS 533.280 to 533.295, inclusive, govern with respect to the
assessment and collection of the costs, the deposits thereof in the Water
District Account in the State General Fund, and the payment of claims for the
costs of administration of the final decree and the distribution of water
thereunder.

NRS 533.324“Water already appropriated” defined.As
used in NRS 533.325, 533.345
and 533.425, “water already appropriated” includes
water for whose appropriation the State Engineer has issued a permit but which
has not been applied to the intended use before an application to change the
place of diversion, manner of use or place of use is made.

NRS 533.325Application to State Engineer for permit.Any person who wishes to appropriate any of
the public waters, or to change the place of diversion, manner of use or place
of use of water already appropriated, shall, before performing any work in
connection with such appropriation, change in place of diversion or change in
manner or place of use, apply to the State Engineer for a permit to do so.

NRS 533.330Application limited to water of one source for one purpose;
individual domestic use may be included.No
application shall be for the water of more than one source to be used for more
than one purpose; but individual domestic use may be included in any
application with the other use named.

[Part 59:140:1913; A 1919, 71; 1951, 132]

NRS 533.335Application for permit to appropriate water: Contents.Each application for a permit to appropriate
water shall contain the following information:

1. The name and post office address of the
applicant and, if the applicant is a corporation, the date and place of
incorporation.

2. The name of the source from which the
appropriation is to be made.

3. The amount of water which it is desired
to appropriate, expressed in terms of cubic feet per second, except in an
application for a permit to store water, where the amount shall be expressed in
acre-feet.

4. The purpose for which the application
is to be made.

5. A substantially accurate description of
the location of the place at which the water is to be diverted from its source
and, if any of such water is to be returned to the source, a description of the
location of the place of return.

6. A description of the proposed works.

7. The estimated cost of such works.

8. The estimated time required to
construct the works, and the estimated time required to complete the
application of the water to beneficial use.

9. The signature of the applicant or a
properly authorized agent thereof.

[Part 59:140:1913; A 1919, 71; 1951, 132]

NRS 533.340Additional requirements for contents of applications to
appropriate water for certain specific uses.In
addition to the requirements of NRS 533.335, the
application shall contain:

1. If for irrigation purposes, except in
case of an application for a permit to store water, the number of acres to be
irrigated and a description by legal subdivisions, where possible, of the lands
to be irrigated.

2. If for power purposes, the vertical
head under which the water will be applied, the location of the proposed
powerhouse, and, as near as may be, the use to which the power is to be
applied.

3. If for municipal supply or for domestic
use, the approximate number of persons to be served, and the approximate future
requirement.

4. If for mining purposes, the proposed
method of applying and utilizing the water.

5. If for stock-watering purposes, the
approximate number and character of animals to be watered.

6. If for any purpose contemplating the
storage of waters, in addition to the information required in applications
naming the purpose, the dimensions and location of the proposed dam, the
capacity of the proposed reservoir, and a description of the land to be
submerged by the impounded waters.

7. If for additional rate of diversion
where no additional volume of water is granted, sufficient information
demonstrating the need for the additional rate of diversion.

NRS 533.345Application for permit to change place of diversion, manner of
use or place of use: Contents; approval of or hearing on temporary change;
period of temporary change.

1. Every application for a permit to
change the place of diversion, manner of use or place of use of water already
appropriated must contain such information as may be necessary to a full
understanding of the proposed change, as may be required by the State Engineer.

2. If an applicant is seeking a temporary
change of place of diversion, manner of use or place of use of water already
appropriated, the State Engineer shall approve the application if:

(a) The application is accompanied by the
prescribed fees;

(b) The temporary change is in the public
interest; and

(c) The temporary change does not impair the
water rights held by other persons.

3. If the State Engineer determines that
the temporary change may not be in the public interest, or may impair the water
rights held by other persons, the State Engineer shall give notice of the
application as provided in NRS 533.360 and hold a
hearing and render a decision as provided in this chapter.

4. A temporary change may be granted for
any period not to exceed 1 year.

NRS 533.350Applications to be accompanied by maps, drawings and other data.All applications for permits shall be
accompanied or followed by such maps and drawings and such other data as may be
prescribed by the State Engineer, and such accompanying data shall be
considered a part of the application.

[Part 59:140:1913; A 1919, 71; 1951, 132]

NRS 533.353Application to appropriate water for beneficial use:
Participation of county in development and implementation of monitoring,
management and mitigation plan.

1. For each new application to appropriate
water for a beneficial use filed on or after January 1, 2012, if the State
Engineer requires a monitoring, management and mitigation plan as a condition
of appropriating water for a beneficial use, the State Engineer shall, within
30 days after requiring the plan and if requested by the county where the State
Engineer has approved the point of diversion, allow the county to participate
in an advisory capacity in the development and implementation of the plan.

2. Before approving any plan developed
pursuant to subsection 1 and during the period in which the plan, if approved,
is carried out, the State Engineer shall consider any comment, analysis or
other information submitted by the participating county. The State Engineer is
not required to include any comment, analysis or other information submitted by
a participating county in a monitoring, management and mitigation plan required
pursuant to this section.

3. A decision by the State Engineer
whether or not to include in the plan or to follow any comment, analysis or
other information submitted by a participating county pursuant to this section
is not subject to judicial review pursuant to NRS 533.450.

NRS 533.355Receipt of application; return for correction or completion;
priority of returned application; rejection; recording.

1. Upon receipt of an application, the
State Engineer shall make an endorsement thereon of the date of its receipt and
shall keep a record of the date. The State Engineer shall provide the
application forms at no cost to the applicants.

2. Except as provided in subsection 3, if
upon examination, the application is found to be defective, it must be returned
for correction or completion with advice of the reasons therefor, and the date
of the return must be endorsed upon the application and a record made of it in
the Office of the State Engineer. An application does not lose its priority of
filing on account of defects if the application, properly corrected and
accompanied by such maps and drawings as may be required, is filed in the
Office of the State Engineer within 60 days after the date of the return to
applicant. Any application returned for correction or completion, not refiled
in proper form within the 60 days, must be cancelled. For good cause shown,
upon application made prior to the expiration of the 60-day period, the State
Engineer may, in his or her discretion, grant an extension of time not to
exceed 60 days in which to file the instruments.

3. If it appears to the State Engineer
that an application, which contains information of sufficient accuracy to
determine the manner of use and the location from which the water is to be
diverted, must be rejected, the State Engineer may reject it without returning
it for correction.

4. All applications which comply with the
provisions of this chapter must be recorded in a suitable book kept for that
purpose.

NRS 533.357Priority among applications to appropriate underground water for
irrigation purposes from same basin.When
two or more applications are made to appropriate underground water for
irrigation purposes from what appears to the State Engineer to be the same basin
the State Engineer shall observe the following order of priority in acting upon
them, according to the status of the applicant and the intended place of use:

1. An owner of land for use on that land.

2. An owner of land for use on adjacent
land for which he or she intends to file an application under the Carey Act or
the Desert Land Entry Act, 43 U.S.C. §§ 321 et seq.

3. Any other person whose application is
preparatory to proceeding under the Carey Act or the Desert Land Entry Act.

1. Except as otherwise provided in
subsection 4, NRS 533.345 and subsection 2 of NRS 533.370, when an application is filed in
compliance with this chapter, the State Engineer shall, within 30 days, publish
or cause to be published once a week for 4 consecutive weeks in a newspaper of
general circulation and printed and published in the county where the water is
sought to be appropriated, a notice of the application which sets forth:

(a) That the application has been filed.

(b) The date of the filing.

(c) The name and address of the applicant.

(d) The name of the source from which the
appropriation is to be made.

(e) The location of the place of diversion,
described by legal subdivision or metes and bounds and by a physical
description of that place of diversion.

(f) The purpose for which the water is to be
appropriated.

Ê The
publisher shall add thereto the date of the first publication and the date of
the last publication.

2. Except as otherwise provided in
subsection 4, proof of publication must be filed within 30 days after the final
day of publication. The State Engineer shall pay for the publication from the
application fee. If the application is cancelled for any reason before
publication, the State Engineer shall return to the applicant that portion of
the application fee collected for publication.

3. If the application is for a proposed
well:

(a) For municipal, quasi-municipal or industrial
use; and

(b) Whose reasonably expected rate of diversion
is one-half cubic foot per second or more,

Ê the
applicant shall mail a copy of the notice of application to each owner of real
property containing a domestic well that is within 2,500 feet of the proposed
well, to the owner’s address as shown in the latest records of the county
assessor. If there are not more than six such wells, notices must be sent to each
owner by certified mail, return receipt requested. If there are more than six
such wells, at least six notices must be sent to owners by certified mail,
return receipt requested. The return receipts from these notices must be filed
with the State Engineer before the State Engineer may consider the application.

4. The provisions of this section do not
apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.

NRS 533.363State Engineer to notify county commissioners of application to
use water in county other than that in which it is appropriated or currently
diverted or used.

1. Except as otherwise provided in
subsection 2, if water for which a permit is requested is to be used in a
county other than that county in which it is to be appropriated, or is to be
diverted from or used in a different county than that in which it is currently
being diverted or used, then the State Engineer shall give notice of the
receipt of the request for the permit to:

(a) The board of county commissioners of the
county in which the water for which the permit is requested will be
appropriated or is currently being diverted or used; and

(b) The board of county commissioners of the
county in which the water will be diverted or used.

2. The provisions of subsection 1 do not
apply:

(a) To an environmental permit or a temporary
permit issued pursuant to NRS 533.436 or 533.504.

(b) If:

(1) The water is to be appropriated and
used; or

(2) Both the current and requested place
of diversion or use of the water are,

Ê within a
single, contiguous parcel of real property.

3. A person who requests a permit to which
the provisions of subsection 1 apply shall submit to each appropriate board of
county commissioners a copy of the application and any information relevant to
the request.

4. Each board of county commissioners
which is notified of a request for a permit pursuant to this section shall
consider the request at the next regular or special meeting of the board held
not earlier than 3 weeks after the notice is received. The board shall provide
public notice of the meeting for 3 consecutive weeks in a newspaper of general
circulation in its county. The notice must state the time, place and purpose of
the meeting. At the conclusion of the meeting the board may recommend a course
of action to the State Engineer, but the recommendation is not binding on the
State Engineer.

1. In addition to the requirements of NRS 533.370, before approving an application for an
interbasin transfer of more than 250 acre-feet of groundwater from a basin
which the State Engineer has not previously inventoried or for which the State
Engineer has not conducted, or caused to be conducted, a study pursuant to NRS 532.165 or 533.368,
the State Engineer or a person designated by the State Engineer shall conduct
an inventory of the basin from which the water is to be exported. The inventory
must include:

(a) The total amount of surface water and
groundwater appropriated in accordance with a decreed, certified or permitted
right;

(b) An estimate of the amount and location of all
surface water and groundwater that is available for appropriation in the basin;
and

(c) The name of each owner of record set forth in
the records of the Office of the State Engineer for each decreed, certified or
permitted right in the basin.

2. The provisions of this section do not:

(a) Require the State Engineer to initiate or
complete a determination of the surface water or groundwater rights pursuant to
NRS 533.090 to 533.320,
inclusive, or to otherwise quantify any vested claims of water rights in the
basin before approving an application for an interbasin transfer of groundwater
from the basin; or

(b) Prohibit the State Engineer from considering
information received from or work completed by another person to include in the
inventory, if the inventory is otherwise conducted in accordance with the
provisions of subsection 1.

3. The State Engineer shall charge the
applicant a fee to cover the cost of the inventory. The amount of the fee must
not exceed the cost to the State Engineer of conducting the inventory.

4. The State Engineer shall complete any
inventory conducted pursuant to subsection 1 within 1 year after commencing the
inventory.

1. Any person interested may, within 30
days after the date of last publication of the notice of application, file with
the State Engineer a written protest against the granting of the application,
setting forth with reasonable certainty the grounds of such protest, which,
except as otherwise provided in subsection 2, must be verified by the affidavit
of the protestant, or an agent or attorney thereof.

2. If the application is for a permit to
change the place of diversion, manner of use or place of use of water already
appropriated within the same basin, a protest filed against the granting of
such an application by a government, governmental agency or political
subdivision of a government must be verified by the affidavit of:

(a) Except as otherwise provided in paragraph
(b), the director, administrator, chief, head or other person in charge of the
government, governmental agency or political subdivision; or

(b) If the governmental agency or political
subdivision is a division or other part of a department, the director or other
person in charge of that department in this State, including, without
limitation:

(1) The Regional Forester for the
Intermountain Region, if the protest is filed by the United States Forest
Service;

(2) The State Director of the Nevada State
Office of the Bureau of Land Management, if the protest is filed by the Bureau
of Land Management;

(3) The Regional Director of the Pacific
Southwest Region, if the protest is filed by the United States Fish and Wildlife
Service;

(4) The Regional Director of the Pacific
West Region, if the protest is filed by the National Park Service;

(5) The Director of the State Department
of Conservation and Natural Resources, if the protest is filed by any division
of that Department; or

(6) The chair of the board of county
commissioners, if the protest is filed by a county.

3. On receipt of a protest that complies
with the requirements of subsection 1 or 2, the State Engineer shall advise the
applicant whose application has been protested of the fact that the protest has
been filed with the State Engineer, which advice must be sent by certified
mail.

4. The State Engineer shall consider the
protest, and may, in his or her discretion, hold hearings and require the filing
of such evidence as the State Engineer may deem necessary to a full
understanding of the rights involved. The State Engineer shall give notice of
the hearing by certified mail to both the applicant and the protestant. The
notice must state the time and place at which the hearing is to be held and
must be mailed at least 15 days before the date set for the hearing.

5. Each applicant and each protestant
shall, in accordance with a schedule established by the State Engineer, provide
to the State Engineer and to each protestant and each applicant information
required by the State Engineer relating to the application or protest.

6. If the State Engineer holds a hearing
pursuant to subsection 4, the State Engineer shall render a decision on each
application not later than 240 days after the later of:

(a) The date all transcripts of the hearing
become available to the State Engineer; or

(b) The date specified by the State Engineer for
the filing of any additional information, evidence, studies or compilations
requested by the State Engineer. The State Engineer may, for good cause shown,
extend any applicable period.

7. The State Engineer shall adopt rules of
practice regarding the conduct of a hearing held pursuant to subsection 4. The
rules of practice must be adopted in accordance with the provisions of NRS 233B.040 to 233B.120, inclusive, and codified in the
Nevada Administrative Code. The technical rules of evidence do not apply at
such a hearing.

NRS 533.367Requirement to ensure access of wildlife to water it customarily
uses; waiver.Before a person may
obtain a right to the use of water from a spring or water which has seeped to
the surface of the ground, the person must ensure that wildlife which
customarily uses the water will have access to it. The State Engineer may waive
this requirement for a domestic use of water.

NRS 533.368Hydrological, environmental or other study: State Engineer to
determine need for study; cost of study paid by applicant; regulations.

1. If the State Engineer determines that a
hydrological study, an environmental study or any other study is necessary
before the State Engineer makes a final determination on an application
pursuant to NRS 533.370 and the applicant, a
governmental agency or other person has not conducted such a study or the
required study is not available, the State Engineer shall advise the applicant
of the need for the study and the type of study required.

2. The required study must be conducted by
the State Engineer or by a person designated by the State Engineer, the
applicant or a consultant approved by the State Engineer, as determined by the
State Engineer.

3. The applicant shall bear the cost of a
study required pursuant to subsection 1. A study must not be conducted by the
State Engineer or by a person designated by the State Engineer until the
applicant has paid a cash deposit to the State Engineer which is sufficient to
defray the cost of the study.

4. The State Engineer shall:

(a) Consult with the applicant and the governing
body of the county or counties in which the point of diversion and the place of
use is located concerning the scope and progress of the study.

(b) Send a copy of the completed study to all
attorneys of record, to a public library, if any, or other public building
located in the county of origin, to the county or counties in which the point
of diversion and the place of use is located and to the governing bodies of the
county of origin and of the county or counties in which the point of diversion
and the place of use is located.

5. The State Engineer may adopt
regulations to carry out the provisions of this section.

NRS 533.369Special Account for Studies Concerning Water: Deposits; interest
and income; limitation on use of money; refund of money to applicant; balance
does not revert to State General Fund.

1. All money collected pursuant to
subsection 3 of NRS 533.364 or subsection 3 of NRS 533.368 must be deposited with the State Treasurer
for credit to a special Account for Studies Concerning Water.

2. The interest and income earned on the
money in the Account for Studies Concerning Water, after deducting any
applicable charges, must be credited to the Account.

3. The money received pursuant to
subsection 3 of NRS 533.364 or subsection 3 of NRS 533.368 must be used to defray the cost of
conducting the studies required pursuant to subsection 1 of NRS 533.368 and the inventories required pursuant to
subsection 1 of NRS 533.364. Any money paid by an
applicant that exceeds the amount required to conduct a study must be refunded
to the applicant.

4. Any balance remaining in the Account
does not revert to the State General Fund at the end of the fiscal year.

NRS 533.370Approval or rejection of application by State Engineer:
Conditions; exceptions; considerations; procedure.

1. Except as otherwise provided in this
section and NRS 533.345, 533.371,
533.372 and 533.503,
the State Engineer shall approve an application submitted in proper form which
contemplates the application of water to beneficial use if:

(a) The application is accompanied by the
prescribed fees;

(b) The proposed use or change, if within an
irrigation district, does not adversely affect the cost of water for other
holders of water rights in the district or lessen the efficiency of the district
in its delivery or use of water; and

(c) The applicant provides proof satisfactory to
the State Engineer of the applicant’s:

(1) Intention in good faith to construct
any work necessary to apply the water to the intended beneficial use with
reasonable diligence; and

(2) Financial ability and reasonable
expectation actually to construct the work and apply the water to the intended
beneficial use with reasonable diligence.

2. Except as otherwise provided in
subsection 10, where there is no unappropriated water in the proposed source of
supply, or where its proposed use or change conflicts with existing rights or
with protectable interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the
public interest, the State Engineer shall reject the application and refuse to
issue the requested permit. If a previous application for a similar use of
water within the same basin has been rejected on those grounds, the new
application may be denied without publication.

3. In addition to the criteria set forth
in subsections 1 and 2, in determining whether an application for an interbasin
transfer of groundwater must be rejected pursuant to this section, the State
Engineer shall consider:

(a) Whether the applicant has justified the need
to import the water from another basin;

(b) If the State Engineer determines that a plan
for conservation of water is advisable for the basin into which the water is to
be imported, whether the applicant has demonstrated that such a plan has been
adopted and is being effectively carried out;

(c) Whether the proposed action is
environmentally sound as it relates to the basin from which the water is
exported;

(d) Whether the proposed action is an appropriate
long-term use which will not unduly limit the future growth and development in
the basin from which the water is exported; and

(e) Any other factor the State Engineer
determines to be relevant.

4. Except as otherwise provided in this
subsection and subsections 6 and 10 and NRS 533.365,
the State Engineer shall approve or reject each application within 2 years
after the final date for filing a protest. The State Engineer may postpone
action:

(a) Upon written authorization to do so by the
applicant.

(b) If an application is protested.

(c) If the purpose for which the application was
made is municipal use.

(d) In areas where studies of water supplies have
been determined to be necessary by the State Engineer pursuant to NRS 533.368.

(e) Where court actions or adjudications are
pending, which may affect the outcome of the application.

(f) In areas in which adjudication of vested water
rights is deemed necessary by the State Engineer.

(g) On an application for a permit to change a
vested water right in a basin where vested water rights have not been
adjudicated.

(h) Where authorized entry to any land needed to
use the water for which the application is submitted is required from a
governmental agency.

(i) On an application for which the State
Engineer has required additional information pursuant to NRS
533.375.

5. If the State Engineer does not act upon
an application in accordance with subsections 4 and 6, the application remains
active until approved or rejected by the State Engineer.

6. Except as otherwise provided in this
subsection and subsection 10, the State Engineer shall approve or reject,
within 6 months after the final date for filing a protest, an application filed
to change the point of diversion of water already appropriated when the
existing and proposed points of diversion are on the same property for which
the water has already been appropriated under the existing water right or the
proposed point of diversion is on real property that is proven to be owned by
the applicant and is contiguous to the place of use of the existing water
right. The State Engineer may postpone action on the application pursuant to
subsection 4.

7. If the State Engineer has not approved,
rejected or held a hearing on an application within 7 years after the final
date for filing a protest, the State Engineer shall cause notice of the
application to be republished pursuant to NRS 533.360
immediately preceding the time at which the State Engineer is ready to approve
or reject the application. The cost of the republication must be paid by the
applicant. After such republication, a protest may be filed in accordance with NRS 533.365.

8. If a hearing is held regarding an
application, the decision of the State Engineer must be in writing and include
findings of fact, conclusions of law and a statement of the underlying facts
supporting the findings of fact. The written decision may take the form of a
transcription of an oral ruling. The rejection or approval of an application
must be endorsed on a copy of the original application, and a record must be
made of the endorsement in the records of the State Engineer. The copy of the
application so endorsed must be returned to the applicant. Except as otherwise
provided in subsection 11, if the application is approved, the applicant may,
on receipt thereof, proceed with the construction of the necessary works and
take all steps required to apply the water to beneficial use and to perfect the
proposed appropriation. If the application is rejected, the applicant may take
no steps toward the prosecution of the proposed work or the diversion and use
of the public water while the rejection continues in force.

9. If a person is the successor in
interest of an owner of a water right or an owner of real property upon which a
domestic well is located and if the former owner of the water right or real
property on which a domestic well is located had previously filed a written
protest against the granting of an application, the successor in interest must
be allowed to pursue that protest in the same manner as if the successor in
interest were the former owner whose interest he or she succeeded. If the
successor in interest wishes to pursue the protest, the successor in interest
must notify the State Engineer in a timely manner on a form provided by the
State Engineer.

10. The provisions of subsections 1 to 9,
inclusive, do not apply to an application for an environmental permit or a
temporary permit issued pursuant to NRS 533.436 or 533.504.

11. The provisions of subsection 8 do not
authorize the recipient of an approved application to use any state land
administered by the Division of State Lands of the State Department of
Conservation and Natural Resources without the appropriate authorization for
that use from the State Land Registrar.

12. As used in this section, “domestic
well” has the meaning ascribed to it in NRS
534.350.

NRS 533.3703Consideration of consumptive use of water right and proposed
beneficial use of water.

1. The State Engineer may consider the
consumptive use of a water right and the consumptive use of a proposed
beneficial use of water in determining whether a proposed change in the place
of diversion, manner of use or place of use complies with the provisions of
subsection 2 of NRS 533.370.

2. The provisions of this section:

(a) Must not be applied by the State Engineer in
a manner that is inconsistent with any applicable federal or state decree
concerning consumptive use.

(b) Do not apply to any decreed, certified or
permitted right to appropriate water which originates in the Virgin River or
the Muddy River.

NRS 533.3705Limitation on initial quantity of water approved for
application; additional studies or evidence may be required; action by State
Engineer on other applications in same basin.

1. Upon approval of an application to
appropriate water, the State Engineer may limit the initial use of water to a
quantity that is less than the total amount approved for the application. The
use of an additional amount of water that is not more than the total amount
approved for the application may be authorized by the State Engineer at a later
date if additional evidence demonstrates to the satisfaction of the State
Engineer that the additional amount of water is available and may be
appropriated in accordance with this chapter and chapter
534 of NRS. In making that determination, the State Engineer may establish
a period during which additional studies may be conducted or additional
evidence provided to support the application.

2. In any basin in which an application to
appropriate water is approved pursuant to subsection 1, the State Engineer may
act upon any other pending application to appropriate water in that basin that
the State Engineer concludes constitutes the use of a minimal amount of water.

NRS 533.371Rejection of application for permit for specified period.The State Engineer shall reject the
application and refuse to issue a permit to appropriate water for a specified
period if the State Engineer determines that:

1. The application is incomplete;

2. The prescribed fees have not been paid;

3. The proposed use is not temporary;

4. There is no water available from the
proposed source of supply without exceeding the perennial yield or safe yield
of that source;

5. The proposed use conflicts with
existing rights; or

6. The proposed use threatens to prove
detrimental to the public interest.

NRS 533.372Approval or rejection of application to use water to generate
energy for export.Based upon the
public interest and the economic welfare of the State of Nevada, the State
Engineer may approve or disapprove any application of water to beneficial use
or any application which contemplates a change in the place or beneficial use
of water to a use involving the industrial purpose of generating energy to be
exported out of this state.

NRS 533.375State Engineer may require additional information before
approval or rejection of application.Before
either approving or rejecting the application, the State Engineer may require
such additional information as will enable the State Engineer to guard the
public interest properly, and may, in the case of an application proposing to
divert more than 10 cubic feet per second of water, or in the case of multiple
applications whose cumulative diversions for a single project total more than
10 cubic feet per second of water, require a statement of the following facts:

1. In the case of an incorporated company
the State Engineer may require the submission of the articles of incorporation,
and the names and places of residence of directors and officers, and the amount
of its authorized and of its paid-up capital.

2. If the applicant is not an incorporated
company, the State Engineer may require a statement as to the name of the
person proposing to construct the work, and a showing of facts necessary to
enable the State Engineer to determine whether the applicant has the financial
ability to carry out the proposed work, and whether the application has been
made in good faith.

NRS 533.380Time for completion of work and application of water to
beneficial use; limitations and extensions.

1. Except as otherwise provided in
subsection 5, in an endorsement of approval upon any application, the State
Engineer shall:

(a) Set a time before which the construction of
the work must be completed, which must be within 5 years after the date of
approval.

(b) Except as otherwise provided in this
paragraph, set a time before which the complete application of water to a
beneficial use must be made, which must not exceed 10 years after the date of
the approval. The time set under this paragraph respecting an application for a
permit to apply water to a municipal or quasi-municipal use on any land:

(1) For which a final subdivision map has
been recorded pursuant to chapter 278 of NRS;

(2) For which a plan for the development
of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

(3) On any land for which a plan for the
development of a planned unit development has been recorded pursuant to chapter 278A of NRS,

Ê must not be
less than 5 years.

2. The State Engineer may limit the
applicant to a smaller quantity of water, to a shorter time for the completion
of work, and, except as otherwise provided in paragraph (b) of subsection 1, to
a shorter time for the perfecting of the application than named in the
application.

3. Except as otherwise provided in
subsection 4 and NRS 533.395 and 533.4377, the State Engineer may, for good cause
shown, grant any number of extensions of time within which construction work
must be completed, or water must be applied to a beneficial use under any
permit therefor issued by the State Engineer, but a single extension of time
for a municipal or quasi-municipal use for a public water system, as defined in
NRS 445A.235, must not exceed 5
years, and any other single extension of time must not exceed 1 year. An
application for the extension must in all cases be:

(a) Made within 30 days following notice by
registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410;
and

(b) Accompanied by proof and evidence of the
reasonable diligence with which the applicant is pursuing the perfection of the
application.

Ê The State
Engineer shall not grant an extension of time unless the State Engineer
determines from the proof and evidence so submitted that the applicant is
proceeding in good faith and with reasonable diligence to perfect the
application. The failure to provide the proof and evidence required pursuant to
this subsection is prima facie evidence that the holder is not proceeding in
good faith and with reasonable diligence to perfect the application.

4. Except as otherwise provided in
subsection 5 and NRS 533.395, whenever the holder
of a permit issued for any municipal or quasi-municipal use of water on any
land referred to in paragraph (b) of subsection 1, or for any use which may be
served by a county, city, town, public water district or public water company,
requests an extension of time to apply the water to a beneficial use, the State
Engineer shall, in determining whether to grant or deny the extension,
consider, among other factors:

(a) Whether the holder has shown good cause for
not having made a complete application of the water to a beneficial use;

(b) The number of parcels and commercial or
residential units which are contained in or planned for the land being
developed or the area being served by the county, city, town, public water
district or public water company;

(c) Any economic conditions which affect the
ability of the holder to make a complete application of the water to a beneficial
use;

(d) Any delays in the development of the land or
the area being served by the county, city, town, public water district or
public water company which were caused by unanticipated natural conditions; and

(e) The period contemplated in the:

(1) Plan for the development of a project
approved by the local government pursuant to NRS
278.010 to 278.460, inclusive; or

(2) Plan for the development of a planned
unit development recorded pursuant to chapter
278A of NRS,

Ê if any, for
completing the development of the land.

5. The provisions of subsections 1 and 4
do not apply to an environmental permit or a temporary permit issued pursuant
to NRS 533.436 or 533.504.

6. For the purposes of this section, the
measure of reasonable diligence is the steady application of effort to perfect
the application in a reasonably expedient and efficient manner under all the
facts and circumstances. When a project or integrated system is composed of
several features, work on one feature of the project or system may be
considered in finding that reasonable diligence has been shown in the
development of water rights for all features of the entire project or system.

NRS 533.382Form, acknowledgment and recording of conveyance.Except as otherwise provided in NRS 533.387, every conveyance of an application or
permit to appropriate any of the public waters, a certificate of appropriation,
an adjudicated or unadjudicated water right or an application or permit to
change the place of diversion, manner of use or place of use of water must be:

NRS 533.383Effect of recording or failing to record deed of conveyance.

1. The recording of a deed pursuant to NRS 533.382 shall be deemed to impart notice of the
contents of the deed to all persons at the time the deed is recorded, and a
subsequent purchaser or mortgagee shall be deemed to purchase and take with
notice of the contents of the deed.

2. The deed of:

(a) An application or permit to appropriate any
of the public waters;

(b) A certificate of appropriation;

(c) An adjudicated or unadjudicated water right;
or

(d) An application or permit to change the place
of diversion, manner of use or place of use of water,

Ê that has not
been recorded as required by NRS 533.382 shall be
deemed void as against a subsequent purchaser who in good faith and for
valuable consideration purchases the same application, right, certificate or
permit, or any portion thereof, if the subsequent purchaser first records the
deed in compliance with NRS 533.382.

1. A person to whom is conveyed an
application or permit to appropriate any of the public waters, a certificate of
appropriation, an adjudicated or unadjudicated water right or an application or
permit to change the place of diversion, manner of use or place of use of
water, shall:

(a) File with the State Engineer, together with
the prescribed fee, a report of conveyance which includes the following
information on a form to be provided by the State Engineer:

(1) An abstract of title;

(2) Except as otherwise provided in
subsection 2, a copy of any deed, written agreement or other document
pertaining to the conveyance; and

(3) Any other information requested by the
State Engineer.

(b) If the place of use of the water is wholly or
partly within the boundaries of an irrigation district, file with the
irrigation district:

(1) An abstract of title; and

(2) Except as otherwise provided in
subsection 2, a copy of any deed, written agreement or other document
pertaining to the conveyance.

2. The governing body of any local
government of this State and any public utility which is a purveyor of water
within the State may submit an affidavit or other document upon oath in lieu of
the documents otherwise required by subparagraph (2) of paragraphs (a) and (b)
of subsection 1, if the State Engineer finds that:

(a) The affidavit clearly indicates that rights
for diverting or appropriating water described in the affidavit are owned or
controlled by the governing body or utility; and

NRS 533.386Duties of State Engineer concerning conveyances; administrative
action required upon entry of final judgment of court.

1. The State Engineer shall confirm that
the report of conveyance required by paragraph (a) of subsection 1 of NRS 533.384 includes all material required by that
subsection and that:

(a) The report is accompanied by the prescribed
fee;

(b) No conflict exists in the chain of title that
can be determined by the State Engineer from the conveyance documents or other
information on file in the Office of the State Engineer; and

(c) The State Engineer is able to determine the
rate of diversion and the amount of water conveyed in acre-feet or million
gallons from the conveyance documents or other information on file in the
Office of the State Engineer.

2. If the State Engineer confirms a report
of conveyance pursuant to subsection 1, the State Engineer shall in a timely
manner provide a notice of the confirmation to the person who submitted the
report of conveyance. The notice must include, without limitation:

(a) A statement indicating that neither the
confirmation of the report of conveyance nor the report of conveyance, if the
report sets forth the amount of water conveyed, guarantees that:

(1) The water right is in good standing
with the Office of the State Engineer; or

(2) The amount of water referenced in the
notice or in the report of conveyance is the actual amount of water that a
person is entitled to use upon conveyance of the application or permit to
appropriate any of the public waters, the certificate of appropriation, the
adjudicated or unadjudicated water right, or the application or permit to
change the place of diversion, manner of use or place of use of water.

(b) A statement that the confirmation of the
report of conveyance is not a determination of ownership and that only a court
of competent jurisdiction may adjudicate conflicting claims to ownership of a
water right.

3. If the State Engineer determines that
the report of conveyance is deficient, the State Engineer shall reject the
report of conveyance and return it to the person who submitted it, together
with:

(a) An explanation of the deficiency; and

(b) A notice stating that the State Engineer will
not confirm a report of conveyance that has been rejected unless the report is
resubmitted with the material required to cure the deficiency. The notice must
also include a statement of the provisions of subsection 5.

4. If, from the conveyance documents or
other information in the Office of the State Engineer, it appears to the State
Engineer that there is a conflict in the chain of title, the State Engineer
shall reject the report of conveyance and return it to the person who submitted
it, together with:

(a) An explanation that a conflict appears to
exist in the chain of title; and

(b) A notice stating that the State Engineer will
not take further action with respect to the report of conveyance until a court
of competent jurisdiction has determined the conflicting claims to ownership of
the water right and the determination has become final or until a final
resolution of the conflicting claims has otherwise occurred. The notice must
also include a statement of the provisions of subsection 5.

5. The State Engineer shall not consider
or treat the person to whom:

(a) An application or permit to appropriate any
of the public waters;

(b) A certificate of appropriation;

(c) An adjudicated or unadjudicated water right;
or

(d) An application or permit to change the place
of diversion, manner of use or place of use of water,

Ê is conveyed
as the owner or holder of the application, right, certificate or permit for the
purposes of this chapter, including, without limitation, all advisements and
other notices required of the State Engineer and the granting of permits to
change the place of diversion, manner of use or place of use of water, until a
report of the conveyance is confirmed pursuant to subsection 1.

6. If the State Engineer is notified that
a court of competent jurisdiction has entered a judgment confirming ownership
of a water right or resolving a conflict in a chain of title, and that the
judgment has become final, the State Engineer shall take such administrative
action as is appropriate or necessary to conform the records of the Office of
the State Engineer with the judgment of the court, including, without limitation,
amending or withdrawing a permit or certificate that was previously approved by
the State Engineer.

NRS 533.387Inapplicability of certain provisions to conveyance of shares of
stock in ditch company.The
provisions of NRS 533.382 to 533.386,
inclusive, do not apply to the conveyance of shares of stock in a ditch company
which owns:

1. An application or permit to appropriate
any of the public waters;

2. A certificate of appropriation;

3. An adjudicated or unadjudicated water
right; or

4. An application or permit to change the
place of diversion, manner of use or place of use of water.

NRS 533.390Statement of work actually constructed; verification; penalty
for failure to file proof of completion of work.

1. Any person holding a permit from the State
Engineer shall, on or before the date set for the completion of the work, file
in detail a description of the work as actually constructed. This statement
must be verified by the affidavit of the applicant or the applicant’s agent or
attorney.

2. Should any person holding a permit from
the State Engineer fail to file with the State Engineer the proof of completion
of work, as provided in this chapter, the State Engineer shall advise the
holder of the permit, by registered or certified mail, that it is held for
cancellation, and should the holder, within 30 days after the mailing of such
advice, fail to file the required affidavit, the State Engineer shall cancel
the permit. For good cause shown, upon application made prior to the expiration
of the 30-day period, the State Engineer may, in his or her discretion, grant
an extension of time in which to file the instruments.

NRS 533.395State Engineer may require proof of good faith and reasonable
diligence; cancellation of permit; review of cancellation; considerations when
reviewing extension of time.

1. If, at any time in the judgment of the
State Engineer, the holder of any permit to appropriate the public water is not
proceeding in good faith and with reasonable diligence to perfect the
appropriation, the State Engineer shall require the submission of such proof
and evidence as may be necessary to show a compliance with the law. If, in the
judgment of the State Engineer, the holder of a permit is not proceeding in
good faith and with reasonable diligence to perfect the appropriation, the
State Engineer shall cancel the permit, and advise the holder of its
cancellation. The failure to provide the proof and evidence required pursuant to
this subsection is prima facie evidence that the holder is not proceeding in
good faith and with reasonable diligence to perfect the appropriation.

2. If any permit is cancelled under the
provisions of this section or NRS 533.390 or 533.410, the holder of the permit may within 60 days
of the cancellation of the permit file a written petition with the State
Engineer requesting a review of the cancellation by the State Engineer at a
public hearing. The State Engineer may, after receiving and considering
evidence, affirm, modify or rescind the cancellation.

3. If the decision of the State Engineer
modifies or rescinds the cancellation of a permit, the effective date of the
appropriation under the permit is vacated and replaced by the date of the
filing of the written petition with the State Engineer.

4. The cancellation of a permit may not be
reviewed or be the subject of any judicial proceedings unless a written
petition for review has been filed and the cancellation has been affirmed,
modified or rescinded pursuant to subsection 2.

5. For the purposes of this section, the
measure of reasonable diligence is the steady application of effort to perfect
the appropriation in a reasonably expedient and efficient manner under all the
facts and circumstances. When a project or integrated system is comprised of
several features, work on one feature of the project or system may be considered
in finding that reasonable diligence has been shown in the development of water
rights for all features of the entire project or system.

6. The appropriation of water or the
acquisition or lease of appropriated water from any:

Ê by a
political subdivision of this State or a public utility, as defined in NRS 704.020, to serve the present or the
reasonably anticipated future municipal, industrial or domestic needs of its
customers for water, as determined in accordance with a master plan adopted
pursuant to chapter 278 of NRS or a plan
approved by the State Engineer, must be considered when reviewing an extension
of time.

NRS 533.400Verified statement to be filed with State Engineer by holder of
permit within time set in endorsement on permit: Contents of statement; proof
of beneficial use.

1. Except as otherwise provided in subsection
2, on or before the date set in the endorsement of a permit for the application
of water to beneficial use, or on the date set by the State Engineer under a
proper application for extension therefor, any person holding a permit from the
State Engineer to appropriate the public waters of the State of Nevada, to
change the place of diversion or the manner or place of use, shall file with
the State Engineer a statement under oath, on a form prescribed by the State
Engineer. The statement must include:

(a) The name and post office address of the
person making the proof.

(b) The number and date of the permit for which
proof is made.

(c) The source of the water supply.

(d) The name of the canal or other works by which
the water is conducted to the place of use.

(e) The name of the original person to whom the
permit was issued.

(f) The purpose for which the water is used.

(g) If for irrigation, the actual number of acres
of land upon which the water granted in the permit has been beneficially used,
giving the same by 40-acre legal subdivisions when possible.

(h) An actual measurement taken by a licensed
state water right surveyor or an official or employee of the Office of the
State Engineer of the water diverted for beneficial use.

(i) The capacity of the works of diversion.

(j) If for power, the dimensions and capacity of
the flume, pipe, ditch or other conduit.

(k) The average grade and difference in elevation
between the termini of any conduit.

(l) The number of months, naming them, in which
water has been beneficially used.

(m) The amount of water beneficially used, taken
from actual measurements, together with such other data as the State Engineer
may require to become acquainted with the amount of the appropriation for which
the proof is filed.

2. The provisions of subsection 1 do not
apply to a person holding an environmental permit or a temporary permit issued
pursuant to NRS 533.436 or 533.504.

1. The State Engineer may, in his or her
discretion, request that the statement required by NRS
533.400 be accompanied by a map on tracing linen on a scale of not less
than 1,000 feet to the inch, which shall show with substantial accuracy the
following:

(a) The point of diversion by legal subdivisions
or by metes and bounds from some corner, when possible, from the source of
supply.

(b) The traverse of the ditch or other conduit,
together with cross sections of the same.

(c) The legal subdivisions of the land embraced
in the application for the permit and the outline by metes and bounds of the
irrigated area, with the amount thereof.

(d) The average grade and the difference in
elevation of the termini of the conduit, and the carrying capacity of the same.

(e) The actual quantity of water flowing in the
canal or conduit during the time the survey was being made.

2. The map must bear the affidavit of the
surveyor or engineer making such survey and map. If the survey and map are made
by different persons the affidavit of each must be on the map, showing that the
map as compiled agrees with the survey.

3. The map shall conform with such rules
and regulations as the State Engineer shall make, which rules shall not be in
conflict herewith.

[Part 69:140:1913; A 1951, 132]

NRS 533.410Cancellation of permit for failure to file proof of application
of water to beneficial use and accompanying map; notice to holder of permit;
extensions of time.If any holder
of a permit from the State Engineer fails, before the date set for filing in
the permit or the date set by any extension granted by the State Engineer, to
file with the State Engineer proof of application of water to beneficial use,
and the accompanying map, if a map is required, the State Engineer shall advise
the holder of the permit, by registered or certified mail, that the permit is
held for cancellation. If the holder, within 30 days after the mailing of this
notice, fails to file with the State Engineer the required affidavit and map,
if a map is required, or an application for an extension of time to file the
instruments, the State Engineer shall cancel the permit. For good cause shown,
upon application made before the expiration of the 30-day period, the State
Engineer may grant an extension of time in which to file the instruments.

NRS 533.415State Engineer may refuse to file maps not conforming to
statutory provisions or regulations.The
State Engineer may, in his or her discretion, refuse to accept for filing any
map not conforming with the provisions of NRS 533.405
and such rules and regulations as the State Engineer may make. The State
Engineer may, in his or her discretion, require additional data to be placed
thereon, and may make proper provision therefor.

[70:140:1913; 1919 RL p. 3243; NCL § 7955]

NRS 533.420Surveyor or engineer may be barred from practice before State
Engineer for swearing falsely.Should
it be found upon inspection of the premises by the State Engineer that the
surveyor or engineer had sworn falsely to the map and survey, the surveyor or
engineer may, in the discretion of the State Engineer, be barred from the
further practice of engineering in any matters before the State Engineer, in
addition to suffering the penalties prescribed by law for swearing falsely to
any affidavit.

[71:140:1913; 1919 RL p. 3243; NCL § 7956]

NRS 533.425Issuance and contents of certificate of appropriation; notice of
provisions governing forfeiture and abandonment of rights to underground water.

1. Except as otherwise provided in NRS 533.503, as soon as practicable after satisfactory
proof has been made to the State Engineer that any application to appropriate
water or any application for permission to change the place of diversion,
manner or place of use of water already appropriated has been perfected in
accordance with the provisions of this chapter, the State Engineer shall issue
to the holder or holders of the permit a certificate setting forth:

(a) The name and post office address of each
holder of the permit.

(b) The date, source, purpose and amount of
appropriation.

(c) If for irrigation, a description of the
irrigated lands by legal subdivisions, when possible, to which the water is
appurtenant.

(d) The number of the permit under which the
certificate is issued.

2. If the water is appropriated from an
underground source, the State Engineer shall issue with the certificate a
notice of the provisions governing the forfeiture and abandonment of such water
rights. The notice must set forth the provisions of NRS 534.090.

NRS 533.430Permits and certificates of appropriation subject to existing
rights.

1. Every permit to appropriate water, and
every certificate of appropriation granted under any permit by the State
Engineer upon any stream or stream system which shall have been adjudicated
under the provisions of NRS 533.090 to 533.235, inclusive, shall be, and the same is hereby
declared to be, subject to existing rights and to the decree and modifications
thereof entered in such adjudication proceedings, and the same shall be subject
to regulation and control by the State Engineer and the water commissioners in
the same manner and to the same extent as rights which have been adjudicated and
decreed under the provisions of this chapter. Every such holder of a
certificate or a permit shall in like manner be subject to all of the
provisions of NRS 533.270 to 533.305,
inclusive, 533.465, 533.475,
533.480, 533.481, 533.482, 535.050,
536.010, 536.020 and 536.030.

2. Upon any stream or stream system that
has not been adjudicated and upon which the State Engineer has heretofore
granted and may hereafter grant a permit or permits to appropriate water
therefrom, any and all such permitted rights to the use of water so granted
shall be subject to regulation and control by the State Engineer to the same
extent and in the same manner as adjudicated and permitted rights upon streams
and stream systems heretofore adjudicated pursuant to the provisions of this
chapter.

For examining and
filing an application for a permit to appropriate water $360.00

This fee includes the cost of
publication, which is $50.

For reviewing a
corrected application or map, or both, in connection with an application for a
water right permit....................................................................................................................... 100.00

For examining and
acting upon plans and specifications for construction of a dam 1,200.00

For examining and
filing an application for each permit to change the point of diversion, manner
of use or place of use of an existing right...................................................................................... 240.00

This fee includes
the cost of publication, which is $50.

For examining and
filing an application for a temporary permit to change the point of diversion,
manner of use or place of use of an existing right.......................................................................... 180.00

For issuing and recording
each permit to appropriate water for any purpose, except for generating
hydroelectric power which results in nonconsumptive use of the water or
wildlife purposes 360.00

plus $3 per acre-foot approved or
fraction thereof.

Except for generating
hydroelectric power or wildlife purposes, for issuing and recording each permit
to change an existing water right whether temporary or permanent for any
purpose 300.00

plus $3 per acre-foot approved or
fraction thereof.

For issuing and
recording each permit for additional rate of diversion where no additional
volume of water is granted.................................................................................................................... 1,000.00

For issuing and
recording each permit to change the point of diversion or place of use only of
an existing right whether temporary or permanent for irrigational purposes, a
maximum fee of 750.00

For issuing and
recording each permit to appropriate or change the point of diversion or place
of use of an existing right whether temporary or permanent for watering
livestock or wildlife purposes 240.00

plus $50 for each
foot of water approved or fraction thereof.

For issuing and
recording each permit to appropriate or change an existing right whether
temporary or permanent for water for generating hydroelectric power which
results in nonconsumptive use of the water 480.00

plus $50 for each
second-foot of water approved or fraction thereof.

For issuing a waiver
in connection with an application to drill a well...... 120.00

For filing and
examining a notice of intent to drill a well............................. 25.00

For filing and
examining an affidavit to relinquish water rights in favor of use of water for
domestic wells 300.00

For filing a secondary application
under a reservoir permit...................... 300.00

For approving and
recording a secondary permit under a reservoir permit 540.00

For issuing and
recording a certificate upon approval of the proof of beneficial use 350.00

For filing proof of resumption of a
water right............................................ 360.00

For filing any protest........................................................................................... 30.00

For filing any
application for extension of time within which to file proofs, of completion or
beneficial use, for each year for which the extension of time is sought.............................................. 120.00

For filing any
application for extension of time to prevent a forfeiture, for each year for
which the extension of time is sought........................................................................................................... 120.00

For reviewing a
cancellation of a water right pursuant to a petition for review 360.00

For examining and
filing a report of conveyance filed pursuant to paragraph (a) of subsection 1
of NRS 533.384 120.00

plus $20 per conveyance document.

For filing any other instrument......................................................................... 10.00

For making a copy of
any document recorded or filed in the Office of the State Engineer, for the
first page 1.00

For each additional
page...................................................................................... .20

For certifying to
copies of documents, records or maps, for each certificate 6.00

For each copy of any
full size drawing or map................................................ 6.00

For each color
copy of any full size drawing or map (2′ x 3′).................... 12.00

The minimum charge for a blueprint
copy, per print...................................... 3.00

2. When fees are not specified in
subsection 1 for work required of the Office of the State Engineer, the State
Engineer shall collect the actual cost of the work.

3. Except as otherwise provided in this
subsection, all fees collected by the State Engineer under the provisions of
this section must be deposited in the State Treasury for credit to the Water
Distribution Revolving Account created pursuant to NRS 532.210. All fees received for
blueprint copies of any drawing or map must be kept by the State Engineer and
used only to pay the costs of printing, replacement and maintenance of printing
equipment. Any publication fees received which are not used by the State
Engineer for publication expenses must be returned to the persons who paid the
fees. If, after exercising due diligence, the State Engineer is unable to make
the refunds, the State Engineer shall deposit the fees in the State Treasury
for credit to the Water Distribution Revolving Account created pursuant to NRS 532.210.

1. A person may apply for a temporary
permit to appropriate water to establish vegetative cover that is resistant to
fire in an area that has been burned by a wildfire or to prevent or reduce the
impact of a wildfire in an area.

2. In addition to the information required
by NRS 533.335, an applicant for a temporary permit
shall submit to the State Engineer:

(a) A plan for establishing vegetative cover that
is resistant to fire in the area;

(b) Any other information which is necessary for
a full understanding of the necessity of the appropriation; and

(c) For:

(1) Examining and filing the application
for the temporary permit, $150.

(2) Issuing and recording the temporary
permit, $200.

3. The State Engineer may forward a plan
submitted pursuant to subsection 2 to the State Forester Firewarden for his or
her review and comments.

4. The State Engineer shall approve an
application for a temporary permit if:

(a) The application is accompanied by the
prescribed fees;

(b) The appropriation is in the public interest;
and

(c) The appropriation does not impair water
rights held by other persons.

5. A temporary permit issued pursuant to
this section must not exceed 1 year in duration.

NRS 533.437“Environmental permit” defined.As
used in NRS 533.437 to 533.4377,
inclusive, unless the context otherwise requires, “environmental permit” means
a temporary permit to appropriate water to avoid the pollution or contamination
of a water source.

NRS 533.4373Application for environmental permit: Contents; fee.In addition to the information required by NRS 533.335, an applicant for an environmental permit
shall submit to the State Engineer:

1. A copy of a letter or order issued by
the Division of Environmental Protection of the State Department of
Conservation and Natural Resources requiring the applicant to take steps to
protect the environment;

2. Any other information which is
necessary for a full understanding of the necessity of the appropriation; and

3. For examining and filing the
application for the environmental permit, $180. For issuing and recording the
environmental permit, $180 plus $3 per acre-foot approved or fraction thereof.

NRS 533.4375Approval of application by State Engineer: Conditions.The State Engineer may approve an application
for an environmental permit if:

1. The application is accompanied by the
prescribed fees and a copy of a letter or order issued by the Division of
Environmental Protection of the State Department of Conservation and Natural
Resources requiring the applicant to take steps to protect the environment;

2. The appropriation is in the public
interest; and

3. The appropriation does not impair water
rights held by other persons.

NRS 533.4377Limitation on period for which permit may be issued; change of
use for which permit is issued prohibited.The
State Engineer shall not:

1. Issue an environmental permit for a
period which is longer than the period set forth in the letter or order issued
by the Division of Environmental Protection of the State Department of
Conservation and Natural Resources requiring the applicant to take steps to
protect the environment.

NRS 533.438Imposition of fee on certain transfers of water by county of
origin; review by State Engineer; limitation on use of money collected from
fee.

1. Except as otherwise provided in
subsection 4, if an appropriation of groundwater pursuant to a permit to
appropriate groundwater results in the transfer to and beneficial use of water
in a county in this State other than the county in which the water is
appropriated or in another state, the county of origin may impose a fee of $10
per acre-foot per year on the transfer.

2. A county of origin shall not impose a
fee pursuant to subsection 1 without the prior approval of the State Engineer.
The county of origin shall notify the State Engineer in writing of its intent
to impose the fee. The State Engineer shall review the notice of intent to
impose the fee to determine:

(a) Whether the appropriation of groundwater
pursuant to the permit specified in subsection 1 results in a transfer to and
beneficial use of water in a county in this State other than the county of
origin or in another state; and

(b) The amount of water, if any, that is:

(1) Subject to the proposed fee because of
that transfer and beneficial use; or

(2) Not subject to the proposed fee
pursuant to subsection 4.

3. Within 30 days after reviewing the
notice of intent to impose the fee, the State Engineer shall send a written
notice to the county of origin that includes the results of his or her review.
If the State Engineer determines that the appropriation of groundwater pursuant
to the permit results in a transfer to and beneficial use of water in a county
in this State other than the county of origin or in another state, the State
Engineer shall include in the notice the amount of water that is subject to the
proposed fee. The county may, upon such a determination, impose the fee on the
transfer.

4. A fee may not be imposed pursuant to
this section on water that is appropriated and beneficially used pursuant to a
permit to appropriate groundwater which is issued for a point of diversion and
a place of beneficial use in the county of origin and which, after the water is
diverted and beneficially used, is discharged or migrates into a county in this
State other than the county of origin or into another state.

5. All money collected from a fee imposed
pursuant to this section must be deposited in a trust fund for the county. The
principal and interest of the trust fund may be used by the county only for the
purposes of economic development, health care and education.

6. For the purposes of this section, if a
basin includes land lying in more than one county, each county any part of
whose land is included is a county of origin to the extent of the proportionate
amount of water transferred from it. The State Engineer shall determine the
respective proportions.

7. As used in this section:

(a) A “basin” is one designated by the State
Engineer for the purposes of chapter 534 of
NRS.

NRS 533.4385Plan to mitigate adverse economic effects caused by transfer of
water; contents of plan; modification of plan by State Engineer.

1. If a county of origin has not imposed a
fee on the transfer of water pursuant to NRS 533.438,
an applicant and the governing body of the county of origin may execute a plan
to mitigate the adverse economic effects caused by the transfer of water from
the county of origin to another county. If such a plan is executed, the plan is
binding on the county of origin and the applicant or his or her successor.

2. A plan to mitigate the adverse economic
effects caused by the transfer of water from the county of origin to another
county may include, but is not limited to, provisions concerning:

(a) The reservation of designated water rights to
the county of origin; and

(b) Compensation for the foreseeable effects of
the transfer.

3. If a plan is executed pursuant to
subsection 1, the applicant shall submit the plan to the State Engineer. The
State Engineer may modify a plan executed pursuant to subsection 1 if a
provision of the plan:

1. All applications for reservoir permits
shall be subject to the provisions of NRS 533.324
to 533.435, inclusive, except those sections
wherein proof of beneficial use is required to be filed. The person or persons
proposing to apply to a beneficial use the water stored in any such reservoir
shall file an application for a permit, to be known herein as the secondary
permit, in compliance with the provisions of NRS
533.324 to 533.435, inclusive, except that no
notice of such application shall be published.

2. The application shall refer to the
reservoir for a supply of water and shall show by documentary evidence that an
agreement has been entered into with the owner of the reservoir for a permanent
and sufficient interest in such reservoir to impound enough water for the
purpose set forth in the application.

3. Effluent discharged from the point of
the final treatment from within a sewage collection and treatment system shall
be considered water as referred to in this chapter, and shall be subject to
appropriation for beneficial use under the reservoir-secondary permit procedure
described in this section. Nothing in this section shall preclude appropriation
in accordance with and subject to the provisions of NRS
533.324 to 533.435, inclusive.

4. When beneficial use has been completed
and perfected under the secondary permit, and after the holder thereof shall
have made proofs of the commencement and completion of his or her work, and of
the application of water to beneficial use, as in the case of other permits, as
provided in this chapter, a final certificate of appropriation shall issue as
other certificates are issued, except that the certificate shall refer to both
the works described in the secondary permit and the reservoir described in the
primary permit.

NRS 533.445Use of bed of stream or other watercourse to carry water to
consumers; duties and expenses of State Engineer.

1. Whenever the owner, manager or lessee
of a reservoir constructed under the provisions of this chapter shall desire to
use the bed of a stream or other watercourse for the purpose of carrying stored
or impounded water from the reservoir to the consumer thereof, the owner,
manager or lessee shall, in writing, notify the State Engineer and the water
commissioner of the district in which the water is to be used, giving the date
when it is proposed to discharge water from the reservoir, its volume, and the
names of all the persons and ditches entitled to its use. The State Engineer or
an assistant thereof shall then regulate such works and headgates of all
ditches from the stream or watercourse not entitled to the use of such stored
water as will enable those having the right to secure the volume to which they
are entitled.

2. The State Engineer shall keep a true
and distinct account of the time spent by the State Engineer in the discharge
of his or her duties, as defined in this section, and shall present a certified
statement thereof to the board of county commissioners of the county wherein
the expense is incurred. The board of county commissioners shall present a bill
for the expense so incurred to the reservoir owner, manager or lessee, and if
such owner, manager or lessee shall neglect for 30 days after the presentation
of such bill of costs to pay the same, the costs shall be made a charge upon
the reservoir and shall be collected as delinquent taxes until payment of such
bill of costs has been made.

[77:140:1913; 1919 RL p. 3246; NCL § 7963]

JUDICIAL REVIEW AND APPEALS

NRS 533.450Orders and decisions of State Engineer subject to judicial
review; procedure; motions for stay; appeals; appearance by Attorney General.

1. Except as otherwise provided in NRS 533.353, any person feeling aggrieved by any order
or decision of the State Engineer, acting in person or through the assistants
of the State Engineer or the water commissioner, affecting the person’s
interests, when the order or decision relates to the administration of
determined rights or is made pursuant to NRS 533.270
to 533.445, inclusive, or NRS
533.481, 534.193, 535.200 or 536.200, may have the same reviewed by a
proceeding for that purpose, insofar as may be in the nature of an appeal,
which must be initiated in the proper court of the county in which the matters
affected or a portion thereof are situated, but on stream systems where a
decree of court has been entered, the action must be initiated in the court
that entered the decree. The order or decision of the State Engineer remains in
full force and effect unless proceedings to review the same are commenced in
the proper court within 30 days after the rendition of the order or decision in
question and notice thereof is given to the State Engineer as provided in
subsection 3.

2. The proceedings in every case must be
heard by the court, and must be informal and summary, but full opportunity to
be heard must be had before judgment is pronounced.

3. No such proceedings may be entertained
unless notice thereof, containing a statement of the substance of the order or
decision complained of, and of the manner in which the same injuriously affects
the petitioner’s interests, has been served upon the State Engineer, personally
or by registered or certified mail, at the Office of the State Engineer at the
State Capital within 30 days following the rendition of the order or decision
in question. A similar notice must also be served personally or by registered
or certified mail upon the person who may have been affected by the order or
decision.

4. Where evidence has been filed with, or
testimony taken before, the State Engineer, a transcribed copy thereof, or of
any specific part of the same, duly certified as a true and correct transcript
in the manner provided by law, must be received in evidence with the same
effect as if the reporter were present and testified to the facts so certified.
A copy of the transcript must be furnished on demand, at actual cost, to any
person affected by the order or decision, and to all other persons on payment
of a reasonable amount therefor, to be fixed by the State Engineer.

5. An order or decision of the State
Engineer must not be stayed unless the petitioner files a written motion for a
stay with the court and serves the motion personally or by registered or
certified mail upon the State Engineer, the applicant or other real party in
interest and each party of record within 10 days after the petitioner files the
petition for judicial review. Any party may oppose the motion and the
petitioner may reply to any such opposition. In determining whether to grant or
deny the motion for a stay, the court shall consider:

(a) Whether any nonmoving party to the proceeding
may incur any harm or hardship if the stay is granted;

(b) Whether the petitioner may incur any
irreparable harm if the stay is denied;

(c) The likelihood of success of the petitioner
on the merits; and

(d) Any potential harm to the members of the
public if the stay is granted.

6. Except as otherwise provided in this
subsection, the petitioner must file a bond in an amount determined by the
court, with sureties satisfactory to the court and conditioned in the manner
specified by the court. The bond must be filed within 5 days after the court
determines the amount of the bond pursuant to this subsection. If the
petitioner fails to file the bond within that period, the stay is automatically
denied. A bond must not be required for a public agency of this State or a
political subdivision of this State.

7. Costs must be paid as in civil cases
brought in the district court, except by the State Engineer or the State.

8. The practice in civil cases applies to
the informal and summary character of such proceedings, as provided in this
section.

9. Appeals may be taken to the appellate
court of competent jurisdiction pursuant to the rules fixed by the Supreme
Court pursuant to Section 4 of Article
6 of the Nevada Constitution from the judgment of the district court in the
same manner as in other civil cases.

10. The decision of the State Engineer is
prima facie correct, and the burden of proof is upon the party attacking the
same.

11. Whenever it appears to the State
Engineer that any litigation, whether now pending or hereafter brought, may
adversely affect the rights of the public in water, the State Engineer shall
request the Attorney General to appear and protect the interests of the State.

1. Whenever a decree determining and
adjudicating the relative rights of the claimants to the use of water of a
stream or stream system has been entered in the district court pursuant to the
provisions of this chapter, and the decree becomes final and the State Engineer
has brought in that court any proceeding, either civil or of a criminal nature,
concerning the administration of and for the enforcement of the provisions of
the decree, and wherein the validity of the decree or any of its provisions is
drawn in question by adversary parties and the decision or judgment of the
court is that the decree or a part thereof is invalid, the State Engineer shall
be deemed a party in interest with the right to take an appeal from such
decision or judgment to the appellate court of competent jurisdiction pursuant
to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution.

2. Such appeal may be taken in the same
manner as appeals in civil cases.

NRS 533.460Unauthorized use or willful waste of water; prima facie
evidence.The unauthorized use of
water to which another person is entitled, or the willful waste of water to the
detriment of another, shall be a misdemeanor, and the possession or use of such
water without legal right shall be prima facie evidence of the guilt of the
person using or diverting it.

[81:140:1913; 1919 RL p. 3247; NCL § 7967]

NRS 533.463Unlawful diversion and waste of water during irrigating season;
penalty.

1. It is an unlawful use and waste of
water for any person during the irrigating season:

(a) To divert and conduct the water, or portion
thereof, of any river, creek, or stream into any slough, dam or pond and
retain, or cause the water to be held or retained therein, without making any
other use of the water; or

(b) To divert and conduct the water, or portion
thereof, away from any river, creek or stream, and run or allow the water to
run to waste on sagebrush or greasewood land.

Ê The
irrigation of unimproved pasture which has a surface water right shall not be
deemed to be a waste of water.

2. Any person who wastes water in
violation of any of the provisions of subsection 1 is guilty of a misdemeanor.

1. Any person who shall willfully open,
close, change or interfere with any lawfully established headgate or water box
without authority, or who shall willfully use water or conduct water into or
through the person’s ditch which has been lawfully denied the person by the
State Engineer, the State Engineer’s assistants or water commissioners, shall
be guilty of a misdemeanor.

2. The possession or use of water when the
same shall have been lawfully denied by the State Engineer or other competent
authority shall be prima facie evidence of the guilt of the person using it.

[55:140:1913; 1919 RL p. 3237; NCL § 7940]

NRS 533.470Employment of guards to prevent unlawful diversions of water;
payment of guards’ salaries.Whenever,
in the pursuance of his or her duties, the State Engineer finds it necessary to
employ guards to prevent unlawful diversions of water in any ditch or ditch
system, the salaries of such guards shall be charged against the owner or
owners of the ditch or ditch system and become a valid lien against the lands
having water rights thereunder. The costs shall be assessed against these lands
and collected in the same manner as provided in NRS
533.445 for the distribution of waters from reservoirs on the stream
system.

[55a:140:1913; added 1933, 138; A 1945, 87; 1943 NCL
§ 7940.01]

NRS 533.475Power of State Engineer and assistants to make arrests.The State Engineer and the assistants of the
State Engineer shall have power to arrest any person violating any of the
provisions of NRS 533.005 to 533.470,
inclusive, and to turn that person over to the sheriff or other competent
police officer within the county. Immediately on delivering any such person so
arrested into the custody of the sheriff, the State Engineer or assistant
making such arrest shall immediately, in writing, and upon oath, make a
complaint before the justice of the peace against the person so arrested.

[57:140:1913; 1919 RL p. 3238; NCL § 7942]

NRS 533.480Penalties.Any
person violating any of the provisions of NRS 533.005
to 533.475, inclusive, shall be guilty of a
misdemeanor.

1. In addition to any other penalty
provided by law, the State Engineer may, after notice and opportunity for a
hearing, require a person who violates any provision of this chapter or any
permit, certificate, order or decision issued or regulation adopted by the State
Engineer pursuant to this chapter or NRS
532.120 to:

(a) Pay an administrative fine not to exceed
$10,000 per day for each violation as determined by the State Engineer.

(b) In the case of an unauthorized use or willful
waste of water in violation of NRS 533.460 or an
unlawful diversion of water in violation of NRS 533.463,
or any other violation of this chapter that, as determined by the State
Engineer, results in an unlawful use, waste or diversion of water, replace not
more than 200 percent of the water used, wasted or diverted.

2. If an administrative fine is imposed
against a person pursuant to subsection 1 or the person is ordered to replace
any water pursuant to that subsection, the State Engineer may require the
person to pay the costs of the proceeding, including investigative costs and
attorney’s fees.

3. An order imposing an administrative
fine or requiring the replacement of water or the payment of costs or fees
pursuant to this section may be reviewed by a district court pursuant to NRS 533.450.

1. The State Engineer may seek injunctive
relief in the appropriate court to prevent the continuance or occurrence of any
act or practice which violates any provision of this chapter, or any permit,
certificate, decision or order issued or regulation adopted by the State Engineer
pursuant to this chapter or NRS 532.120.

2. On a showing by the State Engineer that
a person is engaged, or is about to engage, in any act or practice which
violates or will violate any provision of this chapter, or any permit,
certificate, decision or order issued or regulation adopted by the State
Engineer pursuant to this chapter or NRS
532.120, the court may issue, without a bond, any prohibitory or mandatory
injunction that the facts may warrant, including a temporary restraining order
issued ex parte or, after notice and hearing, a preliminary or permanent
injunction.

3. Failure to establish lack of an
adequate remedy at law or irreparable harm is not a ground for denying a
request for a temporary restraining order or injunction.

4. The court may require the posting of a
sufficient performance bond or other security to ensure compliance with the
court order within the period prescribed.

5. Any proceeding conducted or injunction
or order issued pursuant to this section is in addition to, and not in lieu of,
any other penalty or remedy available for a violation specified in this
section.

1. “Public range” means all lands
belonging to the United States and to the State of Nevada on which livestock
are permitted to graze, including lands set apart as national forests and lands
reserved for other purposes.

2. “Range livestock” means livestock which
during the general period or season when they are being or are proposed to be
watered at the place involved are subsisting chiefly or entirely by grazing on
the public range.

1. The use of water for watering livestock
is hereby declared to be a beneficial use except as provided in NRS 533.495. Subject to such exception, the right to
use water for that purpose may be acquired in the same manner as the right to
use water for any other beneficial purpose.

2. On application to the State Engineer
for any such right, it shall not be necessary for the applicant to state or
prove or for the State Engineer to determine in cubic feet per second of time
the quantity of water the use of which is applied for or granted, but in all
such applications and in all proceedings connected therewith and, also, in all
proceedings either before the State Engineer or the courts relating to the
proof or establishment of a vested right to use water for watering livestock,
it shall be a sufficient measure of the quantity of the water to specify the
number and kind of animals to be watered or which have been watered, as the
case may be. This subsection is not intended to imply that prior to April 1,
1925, it was necessary to specify, prove or determine the quantity of water in
cubic feet per second, but is meant only to remove for the future any
uncertainty that may have existed as to such necessity.

[1:201:1925; NCL § 7979]

NRS 533.492Subsisting right to water livestock: Manner of proof; marking of
location of right.

1. A subsisting right to water livestock
may be proven by an owner of livestock by one or more of the following items of
evidence for the number of livestock and date of priority:

(a) As to water rights on open range, whether
public lands or unfenced private lands or a combination of these:

(1) A statement of priority of use
submitted to the Taylor Grazing Service, predecessor to the Bureau of Land
Management, to show the numbers of livestock grazed upon the open range, for
years from 1928 to 1934, inclusive, if accompanied by evidence of changes or
absence of change since the date of the statement;

(2) A license issued by the Taylor Grazing
Service for use upon the open range; or

(3) A statement of priority of use, or a
license, issued by the United States Forest Service for the grazing of
livestock before 1950.

(b) As to water rights on other privately owned
land:

(1) An affidavit concerning the number and
kind of livestock by a person familiar with the use made of the lands;

(2) A record of livestock assessed to the
claimant of the right, or the claimant’s predecessor, by a county assessor;

(3) A count of livestock belonging to the
claimant or the claimant’s predecessor made by a lender; or

(4) An affidavit of a disinterested
person.

2. The location of a subsisting right to
water livestock and its extent along a stream may be shown by marking upon a
topographic map whose scale is not less than 1:100,000 or a map prepared by the
United States Geological Survey covering a quadrangle of 7 1/2 minutes of
latitude and longitude and by further identifying the location or extent by
one-sixteenth sections within a numbered section, township and range as
certified by a registered state water right surveyor.

NRS 533.493Recognition of adjudicated rights to water livestock from streams
by State Engineer.Within a stream
system or groundwater basin where rights have been adjudicated, the State
Engineer shall recognize rights to water livestock from streams, whether or not
in conjunction with a right to use water for irrigation, which are established
by a vested water right, a subsisting right shown as provided in NRS 533.492 or a permit issued by the State Engineer.

NRS 533.495Subsisting rights not to be impaired.Whenever
one or more persons shall have a subsisting right to water range livestock at a
particular place and in sufficient numbers to utilize substantially all that
portion of the public range readily available to livestock watering at that
place, no appropriation of water from either the same or a different source
shall subsequently be made by another for the purpose of watering range
livestock in such numbers and in such proximity to the watering place first
mentioned as to enable the proposed appropriator to deprive the owner or owners
of the existing water right of the grazing use of such portion of the public
range, or substantially to interfere with or impair the value of such grazing
use and of such water right.

[2:201:1925; NCL § 7980]

NRS 533.500Duties of State Engineer concerning approval and rejection of
application.

1. Before approving any application for
the right to use water for watering livestock, the State Engineer shall
determine, by examination on the ground or otherwise, that the right and use
applied for will not contravene the policy of NRS
533.495. If the State Engineer shall determine that the right applied for
will contravene such policy, the State Engineer must reject the application.

2. If the water applied for shall be along
the course of or in the immediate vicinity of an established or customary
driving route for moving livestock from one range to another, the State
Engineer may reject the application even if no previous right shall exist for
any portion of such water, if the State Engineer shall determine that such
water will best subserve the public interest by being reserved for the watering
of livestock while so being driven along such customary driving route.

[3:201:1925; NCL § 7981]

NRS 533.503Restrictions on issuance of permit or certificate regarding
appropriation to water livestock.

1. The State Engineer shall not issue a
permit to appropriate water for the purpose of watering livestock unless:

(a) The applicant for the permit is legally
entitled to place the livestock on the lands for which the permit is sought,
and:

(1) Owns, leases or otherwise possesses a
legal or proprietary interest in the livestock on or to be placed on the lands
for which the permit is sought; or

(2) Has received from a person described
in subparagraph (1), authorization to have physical custody of the livestock on
or to be placed on the lands for which the permit is sought, and authorization
to care for, control and maintain such livestock;

(b) The forage serving the beneficial use of the
water to be appropriated is not encumbered by an adjudicated grazing preference
recognized pursuant to law for the benefit of a person other than the applicant
for the permit; and

(c) The lack of encumbrance required by paragraph
(b) is demonstrated by reasonable means, including, without limitation,
evidence of a valid grazing permit, other than a temporary grazing permit, that
is issued by the appropriate governmental entity to the applicant for the
permit.

2. The State Engineer shall not issue a
certificate of appropriation based upon a permit to appropriate water for the
purpose of watering livestock unless:

(a) The holder of the permit makes satisfactory
proof that the water has been beneficially used, is legally entitled to place
on the lands the livestock which have been watered pursuant to the permit, and:

(1) Owns, leases or otherwise possesses a
legal or proprietary interest in the livestock which have been watered pursuant
to the permit; or

(2) Has received from a person described
in subparagraph (1), authorization to have physical custody of the livestock
which have been watered pursuant to the permit, and authorization to care for,
control and maintain such livestock;

(b) The forage serving the beneficial use of the
water that has been beneficially used is not encumbered by an adjudicated
grazing preference recognized pursuant to law for the benefit of a person other
than the holder of the permit; and

(c) The lack of encumbrance required by paragraph
(b) is demonstrated by reasonable means, including, without limitation,
evidence of a valid grazing permit, other than a temporary grazing permit, that
is issued by the appropriate governmental entity to the holder of the permit.

3. This section must not be construed to
impair the vested right of any person to the use of water for the purpose of
watering livestock or to prevent any transfer of ownership of a water right for
the purpose of watering livestock.

4. As used in this section, “grazing
preference” means a priority position in the issuance of a permit to graze
livestock on the public range.

1. Except as otherwise provided in NRS 533.495 and 533.503, a
person may apply for a temporary permit to appropriate groundwater to water
livestock if the point of diversion is located within a county under a
declaration of drought, or within a county contiguous to a county under such a
declaration, by the:

(a) Governor;

(b) United States Secretary of Agriculture; or

(c) President of the United States.

2. In addition to the information required
by NRS 533.335 and 533.340,
an applicant for a temporary permit to appropriate groundwater pursuant to this
section shall submit to the State Engineer:

(a) An affidavit stating that, if the temporary
permit is for a well, the holder of the temporary permit will plug and seal the
well pursuant to chapter 534 of NRS upon the
expiration of the temporary permit; and

(b) Any other information required by the State
Engineer to determine the necessity of the temporary appropriation.

3. The State Engineer shall approve an
application for a temporary permit to appropriate groundwater pursuant to this
section if:

(a) The application is accompanied by the fee
prescribed by this chapter;

(b) The temporary appropriation is in the public
interest; and

(c) The temporary appropriation does not impair
water rights held by other persons.

4. A temporary permit to appropriate
groundwater issued pursuant to this section must not exceed 1 year in duration.

1. Any person who, without the right so to
do, shall, on two or more separate days during any season, water more than 50
head of livestock at the watering place at which another shall have a
subsisting right to water more than 50 head of livestock, or within 3 miles of
such place, with intent to graze the livestock so watered on the portion of the
public range readily accessible to livestock watering at the watering place of
such other person, shall be guilty of a misdemeanor.

2. Each day’s watering in violation of
this section shall be deemed a separate offense.

3. Whenever, in any prosecution for such
offense, it shall appear that the watering by the accused was not done at the
watering place of another, but was done within 3 miles thereof, it shall be a
sufficient defense for the accused to prove that he or she had no knowledge of
the existence of such other watering place.

NRS 533.510Prior rights not affected.NRS 533.485 to 533.510,
inclusive, do not affect the validity of rights to the use of water for
watering livestock or other purposes acquired under the previously existing
laws of this state or by decree or impair any existing vested or decreed right
to the use of water for that purpose.

NRS 533.515Permit for appropriation of water or application to change point
of diversion if point of diversion or portion of works is outside state.

1. No permit for the appropriation of
water or application to change the point of diversion under an existing water right
may be denied because of the fact that the point of diversion described in the
application for the permit, or any portion of the works in the application
described and to be constructed for the purpose of storing, conserving,
diverting or distributing the water are situated in any other state; but in all
such cases where the place of intended use, or the lands, or part of the lands
to be irrigated by means of the water, are situated within this state, the
permit must be issued as in other cases, pursuant to the provisions of NRS 533.324 to 533.450,
inclusive, and chapter 534 of NRS.

2. The permit must not purport to
authorize the doing or refraining from any act or thing, in connection with the
system of appropriation, not properly within the scope of the jurisdiction of
this state and the State Engineer to grant.

NRS 533.520Application for permit to appropriate water for use outside
State; change point of diversion for use outside State or change place of use
to location outside of State; approval of application by State Engineer;
conditions.

1. Any person who files an application for
a permit to appropriate water from above or beneath the surface of the ground
for use outside this State, or to change the point of diversion under an
existing water right which has a place of use outside of this State, or to
change the place of use of water from a location in this State to a location
outside this State under an existing right, must file an application with the
State Engineer for a permit to do so pursuant to provisions of NRS 533.324 to 533.450,
inclusive, and chapter 534 of NRS.

2. The State Engineer may approve such an
application if the State Engineer determines that the applicant’s use of the
water outside this State complies with the requirements of NRS 533.324 to 533.450,
inclusive, and those provisions of chapter 534
of NRS pertaining to the appropriation of water. In making the determination,
the State Engineer shall consider:

(a) The supply of water available in this State;

(b) The current and reasonably anticipated
demands for water in this State;

(c) The current or reasonably anticipated
shortages of water in this State;

(d) Whether the water that is the subject of the
application could feasibly be used to alleviate current or reasonably
anticipated shortages of water in this State;

(e) The supply and sources of water available to
the applicant in the state in which the applicant intends to use the water;

(f) The demands placed on the applicant’s supply
of water in the state in which he or she intends to use the water; and

(g) Whether the request in the application is
reasonable, taking into consideration the factors set forth in paragraphs (a)
to (f), inclusive.

3. The State Engineer may, as a condition
to the approval of such an application, require the applicant to file a
certificate from the appropriate official in the state in which the water is to
be used, indicating to the satisfaction of the State Engineer that the intended
use of the water would be beneficial and that the appropriation is feasible.

4. A person who is granted a permit
pursuant to this section shall comply with the laws and regulations of this
State governing the appropriation and use of water, as amended from time to
time, and any change in the point of diversion, manner of use or place of use
of water under a permit issued pursuant to this section is subject to the
requirements of this section.

5. The State Engineer may, as a condition
of the approval of any permit granted pursuant to this section, require that
the use of water in another state be subject to the same regulations and
restrictions that may be imposed upon the use of water in this State.

6. Upon submittal of an application under
this section, the applicant and, if the applicant is a natural person, the
personal representative of the person, are subject to the jurisdiction of the
courts of this State and to service of process as provided in NRS 14.065.

NRS 533.524Appropriation from interstate streams: Right of appropriation
having point of diversion and place of use in another state.Upon any stream flowing across the state
boundary, a right of appropriation having the point of diversion and the place
of use in another state and recognized by the laws of that state shall have the
same force and effect as if the point of diversion and the place of use were in
this state if the laws of that state give like force and effect to similar
rights acquired in this state.

(Added to NRS by 1957, 155)

NRS 533.525Stored water may be conveyed through streams and reclaimed;
conditions.Any water stored for
irrigation or other beneficial purposes may be turned into the channel of any
natural stream or watercourse, and mingled with its waters, and then be
reclaimed, but, in reclaiming it, water already appropriated by others shall
not be diminished in quantity.

[1:49:1899; C § 424; RL § 4715; NCL § 8238]

NRS 533.535Consent to use of Lake Tahoe by United States for reservoir
purposes in connection with Truckee-Carson reclamation project.

1. For the purpose of aiding the
Truckee-Carson reclamation project carried out by the Reclamation Service of
the United States of America, under the Act of Congress approved June 17, 1902
(c. 1093, 32 Stat. 388), known as the Reclamation Act, and acts amendatory
thereof or supplementary thereto, consent is hereby given to the use by the
United States of America of Lake Tahoe, situated partly in the State of
California and partly in the State of Nevada, and the waters, bed, shores and
capability of use for reservoir purposes thereof, in such manner and to such
extent as the United States of America through its lawful agencies shall think
proper for such purpose, and as fully as the State of Nevada could use the
same.

2. The consent hereby given is without
prejudice to any existing rights that persons or corporations may have in Lake
Tahoe or the Truckee River.

[1:48:1913; 1919 RL p. 3306; NCL § 8239]

NRS 533.540Procedure for refund of water district’s money; conditions.

1. Whenever, in the case of any order of
determination of relative rights of claimants or appropriators of the waters of
the Carson River and its forks, affecting the water districts mentioned and
referred to in the preamble of chapter 19, Statutes of Nevada 1931, or in any
like case affecting the Carson River or its forks directly, the State Engineer
is or shall be prohibited from or lawfully prevented from administering such
stream system under the orders or protection of any court, or prohibited from
or lawfully prevented from certifying claims against water district funds, and
the appropriate boards of county commissioners are unable to approve bills for
such claims, and payment of such claims cannot be made out of such funds, and
by reason of any of these things moneys and balances remain in such funds, it
shall be lawful to refund such moneys and balances, and the appropriate boards
of county commissioners are authorized and directed to refund the same.

2. The refunds mentioned in subsection 1
shall be made in the following manner. Whenever it shall appear to a board of
county commissioners of any county that there remain water district funds in
the county treasury, collected for the payment of claims and expenses in water
districts in connection with the State Engineer’s administration of waters and
water rights affecting the Carson River as set forth in the preamble of chapter
19, Statutes of Nevada 1931, or in any like case directly affecting the Carson
River and its forks, and that there is no lawful authority to disburse the same
or to refund the same to those who paid the same, as described in the preamble
of chapter 19, Statutes of Nevada 1931, the board of county commissioners of
any such county is hereby authorized and directed to refund the moneys to the
individuals and persons who paid the same in the proportion and extent, so near
as practicable, as the funds and moneys were collected from and paid by the
claimants and water users concerned. The county officers shall disburse such
funds upon orders of the board of county commissioners out of such funds and
not otherwise.

3. If any person shall feel aggrieved by
the action taken, or the failure to act, of any such board of county
commissioners, respecting any such refund or repayment, an action may be
prosecuted thereon for and on behalf of any such person against the respective
county as in the case of rejected claims.

NRS 533.545Hearings before State Engineer: Issuance and enforcement of subpoenas.

1. Whenever the State Engineer is
authorized or required by law to conduct a hearing, the State Engineer may
issue subpoenas requiring the attendance of witnesses before the State
Engineer, together with all books, memoranda, papers and other documents
relative to the matters for which the hearing is called, and take depositions
within or without the State, as the circumstances of the case may require.

2. The district court in and for the
county in which any hearing is being conducted by the State Engineer or the
designee of the State Engineer may compel the attendance of witnesses, the
giving of testimony and the production of books and papers as required by any
subpoena issued by the State Engineer.

3. If a witness refuses to attend or
testify or produce any papers required by the subpoena, the State Engineer may
report to the district court in and for the county in which the hearing is
pending by petition, setting forth:

(a) That due notice has been given of the time
and place of attendance of the witness or the production of the books and
papers;

(b) That the witness has been subpoenaed in the
manner prescribed in this section; and

(c) That the witness has failed and refused to
attend or produce the papers required by the subpoena before the State Engineer
or the designee of the State Engineer in the hearing named in the subpoena, or
has refused to answer questions propounded to the witness in the course of the
hearing,

Ê and asking
for an order of the court compelling the witness to attend and testify or
produce the books or papers before the State Engineer or the designee of the
State Engineer.

4. The court, upon petition of the State
Engineer, shall enter an order directing the witness to appear before the court
at a time and place to be fixed by the court in the order, and show cause why
the witness has not attended or testified or produced the books or papers
before the State Engineer or the designee of the State Engineer. The time for
the appearance may not be later than 10 days after the date of the order. A
certified copy of the order must be served upon the witness. If it appears to
the court that the subpoena was regularly issued by the State Engineer, the
court may thereupon enter an order that the witness appear before the State Engineer
or the designee of the State Engineer at the time and place fixed in the order
and testify or produce the required books or papers. If the witness fails to
obey the order, the witness must be dealt with as for contempt of court.

NRS 533.550Sale or lease of water right by public body for more than 5-year
term; exception.

1. Notwithstanding any other provision of
law and except as otherwise provided in NRS 533.560,
a public body shall not sell or lease for a term of more than 5 years a water
right owned by the public body unless the public body, after holding at least
one public hearing at which public comment was solicited, has issued written
findings that:

(a) The sale or lease of the water right is
consistent with the prudent, long-term management of the water resources within
the jurisdiction of the public body;

(b) The sale or lease of the water right will not
deprive residents and businesses within the jurisdiction of the public body of
reasonable access to water resources for growth and development;

(c) The sale or lease of the water right is a
reasonable means of promoting development and use of the water right; and

(d) The means by which the water right is sold or
leased reasonably ensures that the public body will receive the actual value of
the water right or comparable economic benefits.

2. As used in this section, “public body”
means the State or a county, city, town, school district or any public agency
of this State or its political subdivisions. The term does not include a water
district organized pursuant to a special act of the Legislature or a water
authority organized as a political subdivision created by a cooperative
agreement or created by a special act of the Legislature.

NRS 533.560Lease of water right by public body to owner or holder of water
right who exceeds entitled amount of water.

1. A public body may lease a water right
owned by the public body to an owner or holder of a water right who, as
determined by the State Engineer, is exceeding the amount of water to which the
owner or holder is entitled.

2. As used in this section, “public body”
means the State or a county, city, town, school district or any public agency
of this State or its political subdivisions. The term includes, without
limitation, a water district organized pursuant to a special act of the
Legislature or a water authority organized as a political subdivision created
by a cooperative agreement or created by a special act of the Legislature.